FARZEEN SULTHANA Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) Grand Kerala Shopping Festival ('G.K.S.F.'. for short) is an annual event conducted by the Department of Tourism of the State to woo Consumers, and also to benefit Traders. 'G.K.S.F.' is widely publicised in print and visual medias and is usually conducted during the Christmas-New Year season. There are normally three categories of prizes such as (i) Scratch-N-Win prizes (ii) Weekly Prizes and (iii) Mega Prizes. The customer who purchases articles from the member shops of 'G.K.S.F.' for amounts exceeding a particular monetary limit would be issued a Coupon. The bill number and the address of the customer has to be filled in the counter foil of the coupon before it is dropped in the box kept in the shop. There would be a draw of the counter foils dropped in the box and similar boxes and the lucky winner duly intimated later about the result. The prize would be released to the winner of lots on production of the Coupon, purchase bill and document evidencing proof of address.

(2.) The petitioner purchased gold jewellery worth Rs. 17,840/- from a shop named 'Malabar Ornaments Pvt. Ltd.' who was a member of the scheme of 'G.K.S.F.'. Ext.P1 purchase bill issued by the jewellery shop reveals that the petitioner had paid the amount in addition to returning old jewellery. The petitioner learnt that she was one among the six first prize winners and Ext. P-2 is the result of the draw downloaded from the website of 'G.K.S.F.'. The petitioner subsequently received Ext.P3 letter from the State Co-ordinator of 'G.K.S.F.' which inter alia reads as follows: "CONGRATULATIONS for winning 10 Sovereign Gold (equivalent to 74 grams of 24 Ct. Federal Pure Gold) in Grand Kerala Shopping Festival with Coupon No.272114." The latter reached the petitioner only because the counter foil of the Coupon contained all details such as her address and number of the purchase bill.

(3.) The petitioner though retained the purchase bill had misplaced the Coupon and could not trace it out despite her best efforts. The petitioner therefore submitted Ext.P.4 representation to the Director of 'G.K.S.F.' producing along with it the purchase bill and identity proof. The application for claiming 'G. K.S.F.' prize was accompanied by the identity card issued by the Election Commission of India and the Passport of the petitioner. The petitioner followed it up by addressing Exts. P.6 and P.7 letters to the Director of 'G.K.S.F.' seeking to release the first prize of 10 sovereigns gold. The Director of 'G.K.S.F.' however took the stand in Ext. P-8 reply letter that the prize cannot be released since the original Coupon is lost. It is under these circumstances has the Writ Petition been filed seeking a direction to the State and Director of 'G.K.S.F.' to release the first prize to the petitioner.