For the complainant: Sri N.R.Mishra & Associate Advocate, Bhawanipatna.

     For the O.P No.1 & 3: Sri D.N.Bagh & Associate Advocate, Bhawanipatna.

     For the OP No.2: Sri Hemanta Kumar Chatria, Advocate, Bhawanipatna.

                                                        JUDGMENT

                        The facts of the complaint  in brief is that,  the complainant has purchased one Vivo Mobile set   vide Model No.Y53 from the OP No.2 on 17.04.2017 for an amount of Rs.10,000/-  and obtained money receipt. At the time of purchase the OP Company had  launched one festive season scheme i.e.  Buy one  Vivo Smart Phone and get free Vivo Smart Phone  and the scheme was from 1^st April 2017 to 10.05.2017  and as the complainant had purchase the smart phone  during that period , he  has got one lottery coupon  vide No.1135 and as per that coupon the lottery opening date was fixed on dt.09.05.2017 at Bhawanipatna, Near Gandhi Chowk. Though the time has been mentioned in coupon the time of lottery has not been mentioned  in the lottery coupon.  When the complainant came to know  about the time  of lottery he was present during that period at Gandhi Chowk, Bhawanipatna with his   valid documents as stated by the OP NO.2 and when the lottery  program was started all of a sudden rain was started heavily so the complainant in order to save from the rain  went nearby shop ; house and watched the program and during this time  the name of the complainant has been announced  that he has won the 3^rd prize i.e. Vivo Y21L model  and after that announcement when the complainant reached to the stage to receive the prize the OP No.1 along with his staff denied to give that prize with a reason that  the complainant  has not come to the stage  in little bit delay so the prize has been delivered to another person. The complainant contacted the Ops many time but  the Ops avoid to talk with the complainant and finally the complainant issued pleader notice on 24.07.2017 to settle the dispute  but the Ops   remained silent .  Hence, finding no other option the complainant  took shelter of this forum and prayed to direct the Ops  to give the mobile set which he had won in the lottery and also  pay monetary compensation of Rs.50,000/- towards mental agony and litigation expenses. Hence, this complaint.

                         On being noticed  the O.Ps appeared through their advocate and  filed separate written version. It is submitted by the OP No.1 that the Vivo Company had conducted a lottery program on dt.09.05.2017 for those customer who were issued with coupon on the purchase of Vivo mobile  during the festival offer between 1^st April,2017 to 10.05.2017. The lottery program had been conducted strictly as per the terms and condition mentioned in the coupon . In this case the complainant is not entitled to the lottery prize because he was not declared at all as winner, moreover he was not present at all on that day when lottery program was conducted. The complainant completely lacks evidence to prove that he was declared as winner  and he was present on that day. The question of compensating the complainant does not arise as the complainant has not suffered any mental agony during those period.  The complainant has filed  frivolous complaint  hence prayed to dismiss with exemplary cost.  

                        The Opp.Party No.2  submitted that the OP Company had launched one festive season scheme from 1^st April,2017 to 10^th May,2017  and the complainant had purchased the Smart phone during that period and he got one  lottery coupon and the lottery date was fixed on 09.05.2017 at Bhawanipatna, Near Gandhi Chowk and the complainant was present during that period. When the lottery program for drawing lottery  started all of a sudden  there was heavy rain and during this time the name of the complainant  was announced that the  complainant has won the  3^rd prize i.e. Vivo Y21L model and by that time the Vivo mobile Company staff namely Miss Gouri Rao was present  there  and the OP No.2 was also present but the complainant could not arrived in the nick of time when his name was announced  or he was stranded due to rain. When the complainant  after announcement  of his name did not get the prize he came to the OP No.2 and asked  the fact and the when the OP No.2 asked to the Op No.1, the OP No.1 did not  heard and kept mum.    Hence, prayed to dispose of the case as per law. 

                        The Opp.Party No.3 submitted that  during the festive season Vivo mobile  had floated a lottery scheme  strictly on the basis of terms and condition mentioned in the lottery coup[on  being issued to each purchaser during the specified period and the event organizer had been empowered to take any decision for smooth conduct of the lottery programme.  The right full purchaser had been given the prize  on the lottery programme who were present on that day and the claim of the complainant is totally baseless as he was absent   and the complainant has no evidence to show that he had been declared as winner in any point of time. The question of  compensating the complainant does not arise as the complainant  dishonestly  filed this case and the complainant has not suffered any mental agony and hence this case is totally baseless. Hence, prayed to drop the petition with cost.       

                                                                        F I N D I N G

                        After going through the complaint petition, document filed by the complainant and the written version of OP No.1 to 3 the main point for consideration are;

1. Whether the complainant has purchased VIVO mobile under the lottery scheme?
2. Whether  the complainant was declared as winner of the lottery for the 3rd prize ?
3. Whether the Ops are deficiency in service for not providing the prize won by the complainant ?

                        So far the first pint it is admitted by the Ops that the complainant has purchased one Vivo mobile during the relevant period and also has been issued with the lottery coupon.

                        So far the 2^nd point for consideration  which the complainant  argued that during the function for drawing lottery his name was declared as one of the winner of the 3^rd prize but he could not immediately reached the stage to receive the prize and he was detained  in a shop near  by due to heavy rain and reached to the stage in a belated stage and demanded the prize supported by the documents to which the Op did not response. On the other hand the Op No.1 and Op No.3 disputed and opposed on the following grounds which are first the complainant was not a winner of 3^rd prize as he could not produce any evidence and second that he was not present in the spot where the  lottery prizes was declared. The OP NO.1 & 3 had not produce any documentary evidence in support of their version  and argument.

                        The Opposite Party No.2 who appeared through his advocate admitted in his aversion that  there was rain during the lottery drawn  time at Gandhi Chowk and also  that the complainant was  winner of 3^rd prize in the lucky draw and also that the complainant arrived at a later stage  demanding his prize and  where  one of his worker Miss Gouri Rao appeared for OP No.1  remained silent. The OP No.2 fully supported the claim of the complainant. The OP No. 1 & 3 had not field any relevant evidence  to prove that the Op No.2 is supporting the complainant  except raising the same in their version.

                        It is admitted by the complainant  and also the Ops that lottery scheme was floated to issue lottery coupon for person purchasing Vivio mobile during a particular period. We are  of the opinion that floating such  unauthorized lottery system  to promote  sale of mobile  comes unfair trade practice. The Ops had not filed any document from competent authority to  run such lottery scheme.

                        Further from the document filed by the complainant it is established that  he had purchased one Vivo mobile and had been issue with a lottery coupon. It is also further established  from the version of OP No.2 that he had own 3^rd prize in the draw but could not reach the stage in time to receive the prize. In our opinion  one he has been declared a winner he has  got the right to receive the prize and the Ops had no right to deny the same and their self made rules. The Ops had also not field the list of winner of the lucky draw on  dt.09.05.2017 in support of their denial that eh complainant is not one of the winners of 3^rd prize of the lottery draw.

                        In view of the same we are of the opinion that the complainant is winner of the 3^rd prize of the lottery and the OP are deficient in their service in not providing the prize to the complainant. Hence, it is ordered.

                                                                   ORDER

                        The Opposite Parties are directed to give the third prize i.e. Vivo Y21L model own by  the complainant  along with litigation charges of Rs.3,000/- to the complainant within 30 days of receipt of this order .

                        Pronounced in open forum today on this 6^th day of August,2018 under the seal and signature of this forum.

                   Member                                                                President

Document relief upon:

 By the complainant:

1.  Money Receipt No.232 dt.17.04.2017
2. One Lottery Coupon vide No.1135.
3. Pleader Notice dt.24.07.2017
4. One Postal receipt.

By the Ops: Nil.

                                                               ORDER

                        The Ops are directed to replace the mobile set with a new one with fresh warranty within  45 days of receipt of this order and the complainant is directed to return the defective mobile to the Ops after receipt of new.  No cost.

                        Pronounced in open forum today on this 19^th   day May,2018 under the seal and signature of this forum.

                 Member                                                                           President

Documents relied upon:

By the complainant:

1. Copy of  Tax Invoice
2. Copy of  Job Card
3. Copy of  One Affidavit

By the Opp.Party: Nil

                                                                                                 President