JUDGEMENT:-

                                 The brief facts of the complaint are that the opposite party no.1 launched a Star plus Enterprises scheme with many items in lucky draw.  The daughter of the complainant is a member of the said scheme of the opposite parties.  The complainant paid the draw amount to the opposite party No.1 through the Agent of the opposite party No.2.  At the time of getting the membership of the OP No.1, the opposite parties assured the complainant that minimum one prize will be given to the complainant definitely and if the complainant do not get any prize in any draw, shall be entitled for a sum of Rs.16000/- after completion of the scheme. 

                                 The Complainant approached the opposite parties to pay the amount of Rs.16000/- so many times, but the opposite party did not consider the requests of the complaint.  The above act and conduct of the opposite parties  by not making payment of Rs,16000/- Comes under the definition of deficiencies in service and complainant feels cheated, mentally and socially harassed at the hands of the opposite parties.  Complainant requested the OPs many times to pay the Sum of rupees 16000/-        ( Sixteen thousand) to the complainant as per the terms and conditions of the scheme but the OPs did not pay any Heed to  the request of the complaints.  Hence, this complaint.

                                    On notice the opposite party No.1, despite of service did not appear before the Forum and was proceeded Exparte vide order dated 02.01.2018. On  notice opposite party No.2, appeared before the Forum and filed his written statement and evidence Ex.RW1/A, EX.RW2/A and the c complainant also filed her evidence i.e. Ex.CW1/A , Ex.C1 and Ex.C2.

It’s a admitted case that OP No.1 received all the installments through OP

No.2 as is shown in membership card Ex C2 and C1 receipt starting from 15.03.2016. The complainant did not find her name in any of the lucky draws conduct by OP No. 1. As such the complaint was entitled for a Sum of Rs. 16000/-(Sixteen thousand only) as per terms and condition No.4 of the scheme. Defaulting OP No.1 did not come present despite service and was ordered ex-party on 02.01.2018.In the absence of unrebutted statement by an affidavit and documents. There is no rebuttal to the averments made by the complainant through her mother and natural guardian Smt. Jyoti except a reply and an affidavit in evidence by the OPNo.2 claiming ignorance  of deposit of any amount with OP No.1 from violating the terms and conditions by the OP No.1 in a scheme called, “Test your Lucky Star Plus Enterprises.” OP No.1 cannot be permitted to play truant with the genuine persons. The OP No.1 has committed breach of faith and is liable to compensate the complainant as per terms and conditions enumerated in the scheme referred above. We find the complaint to be entitled for a Sum of Rs.16000/-(Sixteen thousand  only) as per terms and conditions of the scheme.

            Hence, this complaint succeeds and we order to OP No.1 to pay a Sum of Rupees 16000/-(Sixteen thousand only) along with interest @ of 9%  per annum from the date of filing of complaint i.e. 17/11/2017 till the date of payment to the complainant.  OP No. 1 is also directed to pay Rs. 5000/-(Five thousand) towards litigation and compensation to the complainant.

            File be consigned to the record room after due compliance.  Certified copies be also supplied free of costs to the parties.

Announced in open court.

27/11/2018                                                    (Urmil Beniwal)                   (R.S.Dahiya)

                                                                        Member                                  President.