ASIT KUMAR PAL Vs. SAHARA INDIA

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter called the Act ) against the judgment and order dated 22.6.1993 passed by the District Consumer Forum, Gorakhpur in Complaint Case No. 24/1993.

(2.) THE order in question has been criticized on the ground that the learned District Forum erred in law in dismissing the complaint on the technical ground that the matter was referred to an Arbitrator and the award of the Arbitrator was final and could not have been questioned by way of the complaint. More so it was not a consumer dispute.

(3.) THE first point to be determined as to whether the nature of the allegations contained in the complaint will make out a case of consumer dispute. According to the complainant/appellant the respondent/opposite party sponsored B.D.D. scheme in which any person was entitled to open an account after depositing Rs. 200 with a Nationalized Bank and after 120 months the account holder was entitled for the refund of Rs. 268.55 and the remaining amount of interest was to be utilized for giving the prize out of the drawn lottery to the successful candidate and the draw was to be made for 110 months. According to the complainant he became the member of the scheme and in the bumper draw he became successful to have an Ambassador Car costing Rs. 75,000 and this was to be paid by the respondent/opposite party but it was not given. Consequently a relief was claimed that either the complainant be delivered Ambassador Car towards the prize or Rs. 75,000 along with interest as well as Rs. 300 as compensation for mental agony.