PRESIDENT BANGALORE TRADES ASSOCIATION Vs. AMIT CHATTERJEE

JUDGEMENT

(1.) This appeal is directed against the order passed by the First Addl. District Forum, Bangalore Rural and Urban District, directing the opposite party-2 - The President, Bangalore Traders Association to deliver to the complainant the Maruthi Omni or its value as on 13.11.1994 on the basis of the winning gift-coupon issued to the complainant. The facts of the case sufficient for the disposal of this appeal are as follows.

(2.) The appellant had organised a sales promotion programme on the occasion of Diwali called 'diwali Fantasy 94' in order to promote the sales of the products of their members. In this scheme, the purchasers of goods from the shops of the constituent members were issued gift-coupons with promise of various prizes to the winners in the lucky draw. The complainant who purchased some goods from one Ameen Lakhani during the currency of 'diwali Fantasy 94' was issued gift-coupons under the scheme. The draw was held on 13.11.1994 as scheduled and immediately thereafter a telegram was sent to the complainant informing that he had won the Lucky Draw and that he should collect his prize, producing the winning coupon.

(3.) It is the case of the complainant that he had somehow lost the winning coupon about which he had filed a complaint before Bistapur Police. When he approached opposite party-2 claiming the prize, it is alleged, opposite party-2 refused to entertain the claim on the premises that the original coupon has not been produced. When entreaties failed to convince opposite party-2, the complainant approached the District Forum for the redressal of his grievance. This is the long and short of the case of the complainant as set out in his complaint.