DEELIP KUMAR SHIRGAONKAR Vs. SARVAJANIK GANESH UTSAV MANDAL

JUDGEMENT

(1.) This Appeal is directed against the order of the District Forum, North Goa, dated 28.6.1999, in Complaint No.108/95 whereby the appellant's complaint was dismissed.

(2.) The case of the appellant is that he purchased a donation coupon book, comprising 100 coupons worth Rs.2/- each, from the respondents for which he had paid to them Rs.200/-. On 18.9.1994 the draw of these coupons was held by the respondents and the appellant had won the first prize for the coupon bearing No.000391, which was in his possession. However, the respondents refused to deliver to him the prize of a Refrigerator on the ground that he did not approach them to collect the prize within 15 days and also because he was a Committee Member of the Association.

(3.) The respondents denied that the appellant had purchased any coupon and contended that the coupon book has been handed over to a third party by name Rameshwar Harichandra Naik and that the appellant had at no time paid to them the cost of that coupon book. The further case of the respondents was that the appellant took possession of the coupon book from Rameshwar Naik and kept with him the unsold 10 coupons alongwith the counterfoils which were returned to the respondents only after the draw was declared. It was also their contention that the appellant could not be held as consumer under the Consumer Protection Act, 1986 .