Order no. 3                                            Date :  22.05.2017.

          This date was fixed for passing order in the M.A. case no. 10 of 2017 wherein the O.Ps. filed the non maintainability petition stating that in the CC 367 of 2016 the petitioner claimed to have won the lottery and he did not get any amount of winning prize which prompted him to file the case. But the law settled in our country in respect of lottery winning is concerned that the petitioner is not a consumer as he has not hired any service for consideration and has no right to get redressal of his claim under the C.P. Act, 1986. It is further stated in the petition that purchasing of lottery ticket does not amount to service and the lottery ticket holder is not within the ambit of definition of ‘Consumer’. So the complainant not being a consumer, this Forum has no jurisdiction to entertain this case which be dismissed as not maintainable.

          The O.Ps. of the M.A. Case i.e., the petitioner of this CC case Mohanta Das contested the application denying the allegations and submitted that he is very much a consumer in this case  as he purchased the ticket no. W 366373 of 477^th of  Banga Laxmi Draw from the registered shop of one Jahar  Saha and he came to know from daily Ananda Bazar Patrika dated 10.6.2016 that he has won the second prize and he demanded the same before the O.P. but the O.P. no. 1, Sree  Guru Lottery  Centre, refused to give the  same to the petitioner to pay the awarded amount to the petitioner compelling him to file the case.

          This Forum heard the ld. counsels of both sides on the M.A. Application and kept in mind the decision of our Supreme  Court in the case of Satyawati Goel (  Doctor ) vs. Director State Lottery, Government of  Sikkim, wherein our Hon’ble Apex Court  observed that purchaser of a lottery ticket is not a consumer as held by our National Consumer  Disputes Redressal Commission, New Delhi, which dismissed the complaint on the ground that the complainant was not a consumer entitled to seek any relief under the Consumer Protection  Act, 1986  and our Supreme  Court found no ground to interfere in the order passed by the NCDRC, Delhi, and the  Supreme Court dismissed the appeal in limine which was filed before it.

          Thus it is the settled principle law in our court that purchaser of a lottery ticket is not a consumer.

          In view of above discussion and findings this Forum finds that the M.A. Case no. 10 of 2017 be and the same is allowed as the CC 367 of 2016 is not maintainable.

          The M.A. case is thus disputed of accordingly.