Orissa

Sambalpur

CC/63/2012

Tripurari Chhatria - Complainant(s)

Versus

Krushna Chandra Naik, President, Birat Dhanujatra Committee - Opp.Party(s)

A.K.Dash

07 Oct 2015

ORDER

District Consumer Disputes Redressal Forum, Sambalpur
Near, SBI Main Branch, Sambalpur
 
Complaint Case No. CC/63/2012
 
1. Tripurari Chhatria
Kalhapada, po-Gochhara, ps-Kuchinda, Dist.- Sambalpur
...........Complainant(s)
Versus
1. Krushna Chandra Naik, President, Birat Dhanujatra Committee
At/Po-Khandokata, ps-Kuchinda, Dist.-Sambalpur.
2. Susil Kumar Naik
At-Kalhapada, po-Gochhara, ps-Kuchinda, Dist-Sambalpur.
SAMBALPUR
ODISHA
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE A.P.MUND PRESIDENT
 HON'BLE MRS. S.Tripathi MEMBER
 HON'BLE MR. K.D.DASH MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 07 Oct 2015
Final Order / Judgement

                SHRI K.D.DASH, MEMBER: - The complainant one Tripurari Chhatria calls in question here in this case regarding deficiency in service committed by the so called Birat Dhanujatra Puja Committee, Khandokata, in supplying the motorcycle that was said to have been won by the complainant during drawal  of lottery so performed by the committee.

2. It is the case of the complainant that the Birat Dhanujatra Puja Committee of village Khandokata, P.S.: Kuchinda in the district of Sambalpur conducted a lottery programme with the arrangement of contributing/collecting Rs.80/- in a week on each Saturday through its agents and the lucky draw shows were being performed on each Sunday.

                3. The complainant alleges that he became a member of the said committee on dt.21.01.2012 and after payment of the said amount of Rs.80/- regularly for a period of 7 times,  own the lottery show on dt.11.3.2012 on its drawal and was declared as winner of Splendor Plus Motorcycle as 5th prize.  On dt.17.3.2012, the O.P.No.2, the so called agent did also come and collected Rs.80/- again as an another installment and on several approach to the committee, he could not get the motorcycle.

                Thus, as said, being a consumer to the show and that of the committee, the complainant files this complaint demanding the following relief as mentioned below

  1. To direct the O.P.No.1 either to give the Motorcycle or to pay the price of Rs.48,300/- in exchange of the same.
  2. Travel expenses of Rs.3,000/- in liasioning and contact in the matter
  3. Rs.10,000/- as compensation for harassment and mental suffering and
  4. Rs.5,000/- as litigation charges.
  5. We have heard the learned counsels for the parties and have also gone through the written statements submitted in the case.
  6. On careful consideration of the matter, we find that lottery means a scheme for distribution of prizes by draw of lots or by any other procedure which depends on chance only. The lottery business is a wagering transaction. Therefore, sale and purchase of ticket in lottery is invalid as per Section-30 of the Contract Act and thereby void and if any lottery draws prize, the ticket holder if wins the prize will not be allowed to enforce his claim for the prize in court of law. Where a lottery is authorized by the Government, even then sale and purchase of tickets will not be valid. The only effect of the Government permission will be that the holder of the lottery will not be called on a criminal offense.
  7. In this view of the matter, being the case  is  not maintainable it fails and therefor is hereby dismissed.
 
 
[HON'BLE MR. JUSTICE A.P.MUND]
PRESIDENT
 
[HON'BLE MRS. S.Tripathi]
MEMBER
 
[HON'BLE MR. K.D.DASH]
MEMBER

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