Delay of one minute in purchasing a ticket for online lottery game proved costly for a man with the National Consumer Disputes Redressal Commission (NCDRC) rejecting his plea against Zee Telefilms for not paying Rs one crore allegedly won by him in its show 'Maha Lotto' in 2003.
The NCDRC bench, headed by its President Ajit Bharihoke, observed that the man had purchased the ticket a minute after live telecast of the show as the time mentioned on his ticket was 9.17 PM while the result of the draw was announced live on Zee TV between 9.12 PM and 9.16 PM on January 6, 2003.
"Thus, a possibility cannot be ruled out that complainant (Jyothish Chandran) after coming to know the winning numbers from the live show purchased the ticket and opted for the same numbers with a view to make wrongful gains," the bench, also comprising member Rekha Gupta, said.
The bench noted that contention of Zee Telefilms and other opposite parties, including Maharashtra government, regarding timing of telecast of the show and the time mentioned on the ticket have not been controverted by the complainant in his cross-examination.
"This averment has not been seriously controverted by the complainant in cross-examination," the commission said, adding "Therefore, it is deemed to have been accepted as correct."
According to the complaint, Chandran, a Karnataka native, had bought the Maha Lotto ticket online on January 6, 2003 and after purchasing the ticket, he viewed the live draw and found that numbers of his ticket matched with the winning ticket.
It alleged that to claim the prize, he approached a local online centre from where he had bought the ticket and also the Chairman of Zee Telefilms and distributors over telephone but nothing was done on his request.
The opposite parties failed to pay the prize amount of Rs one crore to the complainant after which he lodged a complaint claiming this to be deficiency in service.
The opposite parties in the case - Maharashtra government, Zee Telefilms Pvt Ltd and its Chairman, M/s Playwin Infravest Pvt Ltd, E-Cool Gaming Solution Pvt Ltd and other distributors and associates -had contended that they rightly denied him the claim as he had purchased the ticket after the lottery result.
The commission, while dismissing the complaint, observed that "lottery is dependent purely upon chance in fortuitous mode on draw of lots...It is purely a gaming or wagering transaction which in view of the provisions of Indian Contract is void and unenforceable in a court of law.
The NCDRC bench further said, "The basic consumer right
flow from the contracts of sale and purchase of goods or hiring or availing of services for consideration. If the contract itself is void in view of the Indian Contract Act the party to the wagering contract agreement inevitably would have no right flowing from the void contract even in consumer law jurisdiction."
"Taking any other view would, in our opinion, go against the object and spirit of Act," it said, adding "consumer jurisdiction cannot be invoked by the complainant to avail of benefit under a void contract. Thus, the complaint is liable to be dismissed on this count alone."
'Maha Lotto' was a daily online jackpot game launched in 2003 which was published and marketed by Zee Telefilms, Playwin and other associates.
