MOAMMED AYUB KHAN SOUDAGAR Vs. AMJAD ATTAR

JUDGEMENT

(1.) THE complainant has filed this Complaint for compensation in a sum of Rs. 19,00,000 as against the opposite parties (OP). The case of the complainant is as follows:

(2.) OPS 1 and 4 jointly introducted an offer at the very popularly known Television Programme called "Kaun Banega Crorepati" (KBC) at Star Plus Television Channel. The offer was to exchange Britannia Wrappers worth Rs. 100 at the nearest Britannia Prize Centre for a scratch card. After scratching the silver patch if the words "Kaun Banega Crorepati" or words referring to any other prize appear, the purchaser had to hand over the submission coupon with personal details at the prize centre. If the words "Kaun Banega Crorepati" appear, the KBC Selection Team would call the purchaser to answer a set of questions. If the purchaser answers correctly he could be on the Show and he could win up to Rs. one crore.

(3.) ACTING on the above offer, the complainant purchased Britannia Biscuits worth Rs. 580 from OP 1 who is a retailer. A copy of the receipt is produced by the complainant as Document No. 1. Thereafter, the complainant handed over the empty wrappers to OP 1 on 30.12.2000 to obtain the scratch cards. A copy of acknowledgement for having handed over the empty wrappers is produced as Document No. 2. It is stated that OP 1 after the receipt of the empty wrappers from the complainant told the complainant that scratch cards have not been supplied by OP 2 and immediately on receipt of scratch cards from OP 2 he promised to deliver the same to the complainant by informing on Telephone. OP 1 pleaded his inability to give scratch cards as OP -2 had not sent the scratch cards but issued a confirmation letter to the effect that the complainant has purchased the Britannia Biscuits on 29.12.2000 stating that he has not delivered the scratch cards as his main dealer, i.e., OP 2 had not supplied the scratch cards to him. A copy of the said document is produced as Document No. 3. It is further stated that OP 2 came to the place of OP 1 and at that time, OP 1 insisted OP 2 to supply the scratch cards to the complainant. The representative of OP 2 namely one Mr. Gangadhar made an endorsement over his bill addressed to OP 1 dated 29.1.2001 stating that though KBC offer was valid, scratch cards were not given along with the Draw Numbers by putting his signature. A copy of the said Bill is produced as Document No. 4. Ultimately, OP 1 contacted the complainant on 8.2.2001 at 7.30 p.m. on Telephone and informed that he has received the offer of scratch cards from OP 2 and requested the complainant to come to his shop and collect the scratch cards. On that information, the complainant collected the scratch cards from OP 1 on 8.2.2001. At that time, OP 1 told the complainant that the scratch cards were received by the DTDC Courier sent by OP 2 along with the covering letter dated 6.2.2001 of OP 2 on 8.2.2001. Then the complainant asked OP 1 what is the use of delivering the scratch cards on 8.2.2001 since the time specified in the offer expired on 7.2.2001 itself. In reply, OP -1 pleaded his inability to do anything.