D.O.F:24/06/2017
D.O.O:30/10/2021
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.130/2017
Dated this, the 30th day of October 2021
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Ashokan.M aged 44 years,
S/o Appu,
R/at Chodala House,
Shiribagilu, Post: Mayipady : Complainant
Kasaragod Taluk and District
(Adv: K.Kumaran & Sabari.L.S)
And
1. The Manager,
Union Bank of India, Kasaragod Branch, : Opposite Party
Padhoor Complex, New Bus Stand,
Kasaragod Taluk and District – 671121
(Adv: A. Radhakrishnan)
2. The Director,
Kerala State Lotteries
State Lottery Distributors,
Thiruvanathapuram
ORDER
SRI.KRISHNAN.K :PRESIDENT
The complaint filed under section 12 of Consumer Protection Act 1986.
1. The case of complainant in brief is that he is the first prize winner of Pournami lottery conduct by Opposite Party No: 2 held on 04/09/2016. The first price for the winner is Rs.65 lakhs deducting tax amount payable is Rs.42 lakh. He deposited ticket through his account with Opposite Party No:1 on 05/09/2011. But prize money not paid in time. He came to know that there is a delay of three days in forwarding the ticket but not accompanied by required necessary documents. He received prize money on 10/01/2017 delay of 45 days in total there is a delay of 83 days in getting prize money. Complainant claimed Rs. 1,09,183/- towards amount of interest from 20/10/2016 to 10/01/2017 and compensation of Rs. 1 Lakh.
2. Opposite Party No: 1 filed its version stating that listed documents there in are necessary to claim lottery price ticket. Complainant not produced the required documents in time. But documents are submitted only on 04/06/2016. The very next day documents were sent to Opposite Party No: 2 by messenger and thus no delay. Delay in disbursing amount is due to demonetization policy.
3. Opposite Party No: 2 filed written version. Opposite Party No: 2 admitted complainant win the Pournami lottery on 04/09/2016. But is produced before Opposite Party No: 2 after prescribed time. Required documents were not submitted with the ticket. After receiving the explanation for delay the amount was credited.
4. Complainant filed chief affidavit and was cross examined as Pw1. Ext A1 to A6 documents marked from his side. From the side of Opposite Party No: 1, Chief affidavit filed and Dw1, and Dw2 examined and Ext B1 to B8 documents were marked.
5. Based on rival contentions following points were arise for consideration in the case.
a) Whether complainant has entrusted the lottery ticket along with documents in time, whether there is a delay of 83 days on the part of Opposite Party No: 1 in forwarding the ticket and documents to Opposite Party No: 2?
b) whether there is any deficiency in service from Opposite Party No:1 ? If so whether complainant is entitled to any interest there or compensation claimed and if so for what reliefs?
6. All points are discussed together for convenience. The complainant’s case is that he had entrusted the price winning ticket and related documents to Opposite Party No: 1 in time, but Opposite Party No: 1 failed to submit before Opposite Party No: 2 in time, thereby monetary loss and mental agony. But Opposite Party No:1 denies the allegation contending that complainant failed to submit the necessary documents in time. On receiving the documents Opposite Party No: 1 submitted it before Opposite Party No: 2 through a special messenger.
7. The fact remains that no documents is produced to show that complainant entrusted the lottery ticket with required documents to Opposite Party No: 1 on 05/09/2016 or 06/09/2016 stated by him as Pw1. He deposed that pan card is applied after producing other documents. Pan card is entrusted after 15 days. He admits that Ext B1 to B6 contains his signature. Price money is credited to his account on 01/01/2017. He received letter dated 07/11/2016 to explain reasons for three days delay. But not produced it.
8. As per rule,[(3)] the prize winning tickets, in original, shall be surrendered before the office concerned within 30 days from the date of draw, the prize winner shall claim the prize amount either directly or by post or through Nationalized Banks /Schedule bank/State Co-operative bank/District Co-operative bank. While presenting the claim, the prize winner shall write his/her name, address and signature on the reverse side of the prized ticket.
9. Following list of documents are to be furnished along with the prize winning tickets for above Rs. 5000/-.
a) Stamped receipt in form No. VIII
b) Recent passport size photograph of the prize winner duly attested by a gazatted officer/Bank authority.
c) Self attested Photostat copy of both the sides of the prized tickets.
d) Self attested Photostat copy of passport/Ration card/Election identity card/Driving license/Pan card of the prize winner to prove identity.
e) In addition to the above the following documents shall also be enclosed while surrendering the tickets through bank
1) Authorization of Prize winner
2) Certificate of collecting bank
3) Certificate of the receiving bank
10. since lottery prize is not credited to the account of complainant any day earlier than as entered in the bank records, no delay in disbursement after it is credited there is no deficiency in service and the claim for interest is found to be unjustified, there is no deficiency in the service of the Opposite Party No: 1 in the matter. Where a bank is providing service to its customers it owes a duty to exercise reasonable care to protect the interests of the customer. Bank has taken care to send its employee direct to the lottery office in Thiruvanathapuram for service of its customer evidenced by Ext B8 ticket not challenged by complainant.
11. It is needless to say that a bank also owes a duty to its customers to take necessary steps to help them to get their money credited early. Complainant is deprived of his money to its use for some days together not because of any deliberate or negligent act of bank in withholding lottery tickets and other documents. But is not expected to go to lottery office with one document at a time unless all documents are complete in all respects. Specific case of bank is that they received the documents only on 04/10/2016 and dispatched the same through special messenger examined as Dw2. No serious challenges is made by complainant in this regard and in view of clear admission of complainant regarding his signatures found in Ext B1 to B5 which shows its date of signing as 04/10/2016 there is nothing to disbelieve the case pleaded by bank. Admittedly Pan card which is requirements is applied for and obtained after lottery ticket is produced, and bank got money to its credit only after payment by Opposite Party No:2 to the account of complainant and from that date there is no delay of payment to the complainant. There is no justification for claiming interest or damages as there is no deficiency in service on the part of Opposite Party No: 1, bank in forwarding documents to Opposite Party No:2 that case of complainant that he has suffered mental tension and agony due to deficiency in service of Opposite Party and entitled to interest and compensation is not sustainable and for reasons aforesaid the complaint is dismissed but without any order as to costs.
In the result complaint is dismissed without cost.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Photostat copy of Lottery ticket.
A2- Receipt Dt: 05/09/2016
A3- Lawyer notice
A4- Postal acknowledgment card
A5-Reply notice issued by the OP No:2
B1- copy of Aadhar card
B2- Election ID card copy
B3- copy of the photographs of the complainant
B4- copy of the Ration Card.
B5- Authorization letter
B6- Certificate of the receiving Bank
B7- Payees receipt
B8-computer print out of the Railway e- ticket
Witness Examined
Pw1- Ashokan
Dw1- Reshma Saseendran
Dw2- Harikrishnan .V
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Senior Superintendent
Ps/
