This C.C. is coming on before us for hearing; in the presence Sri Kandibanda Srinivasu, Advocate for complainant; and of Sri K. Ravindranath, Advocate for opposite parties No.1 and 2; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following:-

O R D E R

(Per Smt.V.Vijaya Rekha, Member)

This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

2.      The brief facts as mentioned in the complaint are that the complainant joined in Rajath Yojana Scheme by paying Rs.10,000/- on 31-05-2003 after attracting the vide publicity of opposite parties for allotment of house in Sahara Homes throughout the State.  As per said scheme, after completion of maturity period i.e. after ten years from the date of commencement of scheme, every member will get Rs.28,910/- towards maturity amount, accordingly, the complainant approached the opposite party No.2 on 31-06-2013 for obtaining maturity amount.  Surprisingly, the complainant was informed that he won the prize@ Rs.5,00,000/- worth of house flat in the quarterly draw, conducted on 28-09-2010.  Thereafter, the complainant made many rounds to the opposite party No.2 for allotment of house under Bumper Prize.  The opposite party No.2 had given assurances from time to time by stating that it will inform the same to the opposite party No.1, believing the same, the complainant made many rounds to the opposite party No.2 till the date of complaint.  The complainant further stated that he suffered a lot as there was no response from the opposite parties and as such issued legal notice on 22-11-2013.  Having received, the opposite party No.2 approached the complainant by requesting to wait for one month and assured that it will contact the opposite party No.1 for allotment of house, though, there was no response, filed the present complaint by praying to direct the opposite parties to allot the house worth of Rs.5,00,000/- to the complainant as per terms and conditions of Rajath Yojana Scheme and to pay Rs.50,000/- towards compensation and costs.

 3.     In support of his case, the complainant filed affidavit and Exhibits      A-1 to A-4.

4.      On being noticed, the opposite parties appeared through their counsel.  The opposite party No.2 filed counter by denying the averments of complaint. 

In the counter the opposite party No.2 submitted that after agreeing the terms and conditions of Rajath Yojana Scheme, the complainant entered into an agreement with the opposite parties and paid Rs.10,000/- towards advance on 31-05-2003.  The amount was paid for purchasing of any product of Sahara India / Immovable property or to avail services of Sahara India and its subsidiary.  The advance amount would yield credit value, the complainant would be utilize the advance amount and the credit value on it for purchasing any of the products or services of opposite parties or may get its redemption along with the credit value.  The opposite party No.2 also stated that the complainant never tried to avail facilities for allotment of house.  The opposite parties always willing to return the deposited amount along with credit value under Rajath Yojana Scheme, the complainant cannot claim anything beyond the scheme as per company circular No.24/101/1982, dt. 17-03-2005.  The opposite parties are used to provide different kind of prizes without taking any consideration.  The opposite party No.2 further stated that the complainant has won the house worth of Rs.5,00,000/- to 12,00,000/- as first prize, so he has to pay 360 EMI’s through lucky draw held on 28-09-2010.  As per terms and conditions of Scheme, the winner of Bumper prize can avail the opportunity by booking a house in any ongoing Sahara City Homes project and to deposit 5% of unit price as advance for booking of house further he has to pay the due amount in equal monthly installments, if there is any difference of amount, he has to pay the same in one installment after deducting booking amount and prize amount from the total amount of house for possession.  The opposite party No.2 further submitted that it had provided the copy of circular to the complainant along with prize certificate and prize coupon on free of charge but the complainant did not book the house in any ongoing Sahara City Homes project for availment of prize facility.  So, it did not fall under the definition of ‘service’ under consumer protection act and the complainant cannot be treated as ‘consumer’.  The opposite party No.2 also submitted that under Rajath Yojana Scheme, the investor / complainant had paid advance amount for buying any product or services of opposite parties or take refunds.  The scheme does not confer any right on the investor for allotment of any unit (house) as per benefit coupon in lucky draw.  The complainant has an option to surrender his bond for getting redemption value.  The opposite parties have supplied list of ongoing projects of Sahara City Homes and the application form to the complainant for booking of house by requesting to exercise his option for booking as per coupon / prize.  Inspite of repeated requests, the complainant did not show any interest in availment of facility.  The opposite parties were not entered any agreement with the complainant for providing of benefit coupon / prize in lucky draw under Rajath Yojana Scheme.  Therefore, prayed to dismiss the complaint with exemplary costs as the present complaint has no cause of action and also not come under the purview of Consumer Protection Act.

          The opposite party No.1 was filed a memo by stating that to treat the contents of counter of opposite party No.2 as its written version. 

5.      In support of their averments the complainant and the opposite parties were filed Written Arguments by reiterating the same averments as mentioned above.

6.      In view of above submissions, now the point that arose for consideration is,

Whether the complainant is entitled to the relief as prayed for?

Point:-       

          It is an admitted fact that the complainant advanced Rs.10,000/- on    31-05-2003 as investment under Rajath Yojana Scheme through the local branch of opposite party No.1 and also an admitted fact that the investment made by the complainant for availment of services of Sahara India or for purchasing of any product / immovable property and its subsidiary.  It is also not in dispute that the complainant was declared as successful winner of bumper prize for availment of a house worth of Rs.5,00,000/-.  The dispute is only with regard to non-allotment of house as per bumper prize.  It is the case of the complainant that he won the house worth of Rs.5,00,000/- in Sahara Homes Project through the draw, conducted on 28-09-2010 but it was not intimated to him till 31-06-2013, he was informed only after completion of maturity period i.e. when he approached the opposite party no.2 for collection of maturity amounts, due to which, he lost the opportunity of getting a new house in Sahara Homes Project.  It is also the case of the complainant, after knowing about the bumper prize, he made many rounds to the opposite party No.2 for allotment of house and as there was no response approached this Forum by alleging the deficiency of service on the part of opposite parties. On the other hand the opposite parties denied their liability in allotment of house to the complainant as per lucky draw and submitted that the complainant never tried to avail facilities for allotment of house by booking the same under terms and conditions of scheme.  To prove his case, the complainant filed exhibits A-1 to A-4.  Exhibit A-3 is the draw intimation letter, it clearly speaks that the quarterly lucky draw was conducted on 28-09-2010 for sales promotion of immovable property of opposite party No.1.  According to the terms and conditions of scheme, the winner of bumper draw has to pay 5% of booking price as advance for booking the house and after booking, the winner of lucky draw has to pay the due amount in 360 equal monthly installments, if there is any difference of amount, he has to pay the total balance amount in one installment after deducting prize amount and booking amount from the total cost of the house.  In this case, no such payments were made by the complainant and also not availed any facility as a winner of lucky draw but it is the allegation of the complainant, he lost the opportunity of getting a house in Sahara Homes Project due to non-receiving of intimation letter regarding the lucky draw held on 28-09-2010.  With this respect, he could not file any proof or any agreement entered with the opposite parties or any authentic proof with regard to the assurances of opposite parties for allotment of house through the lucky draw, in the absence of any such agreement on payment of consideration, the complainant cannot be termed as consumer.  Broacher was marked under exhibit A2 on behalf of complainant, wherein, it was clearly mentioned that “above 45% of members will get prizes out of 10,000/- investors up to 10 years” it indicates that all the subscribers would not be entitled to get bumper prizes in the lucky draw.  The broacher also clearly speaks that it is a lucky draw, the draw results must be announced in the TV channel of opposite party No.1 on 5^th day of every month at 8 O’clock and after 10 days, the results must be sent to all the local branches of opposite party No.1, it seems that, in case of non-receiving of information from the opposite parties,  the complainant would have a chance to know about the draw result through the other means.  Moreover, the present case was filed nearly after 3 ½ years from the date of lucky draw, so, we cannot fasten any liability on the opposite parties after such a long period without establishment of any deficiency of service.  In view of the above circumstances we cannot fasten any liability on the opposite parties as prayed.  

7.      In the result, the complaint is dismissed.  No costs.

           Typed to dictation, corrected and pronounced by us in the open Forum, on this the 24^th day of November, 2016.

                                                FAC President              Member      

                                           District Consumer Forum, Khammam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant                                                    For Opposite party  

       None                                                                          None

DOCUMENTS MARKED:-

For Complainant                                                    For Opposite party

FAC President              Member

     District Consumer Forum, Khammam