J S CHAUHAN Vs. DAINIK BHASKER NEWS PAPER

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 is directed against order dated 30.9.1999 in Complaint No. 36/99 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short).

(2.) RELEVANT facts necessary for disposal of this appeal stated in brief are that the complainant collected various coupons published in the year 1997 by O.P. Dainik Bhaskar Daily News Paper under "Bhaskar Vijay Utsav Puraskar Yojana" and for collection of such coupons the complainant continued to subscribe the said news paper. The validity of such competition was challenged before MRTP Commission and the Commission vide order dated 13.10.1997 had granted stay regarding such competition. However, on 9.12.1998 by the order passed by MRTP Commission, the said competition was declared to be valid and news that the competition has been held to be valid was published in news paper dated 11.12.1998. However, the O.Ps. did not continue with the aforesaid competition and started a new competition from the month of February, 1999 to March, 1999. It was submitted by the complainant that under Bhaskar Vijay Utsav Puraskar Yojana the first prize was diamond necklace worth Rs. 1,00,000/ - and the complainant was entitled to recover the same. However, as the said competition was discontinued the complainant could not get the said prize. Hence he filed the complaint for seeking direction regarding giving diamond Necklace worth Rs. 1,00,000/ - or in the alternative, a sum of Rs. 1,00,000/ - by the opposite parties.

(3.) OPPOSITE parties resisted the complaint and also raised preliminary objection that this complaint is based on Chit Fund hence the Forum has no jurisdiction and also that the complainant is not a consumer as he has not paid any amount to the opposite parties towards the aforesaid competition.