Sub: claim of lucky winner gift (semi-autoanalyzer) at acbicon 2014 10th -13th december aii
drrajiv
(Querist) 22 December 2014
This query is : Resolved
1. Introduction: I am writing this letter out of sheer disappointment of having ever decided to buy or recommend any Product of Meril diagnostics.
I visit a stall of Meril diagnostics on 11-12-14 at ACBICON AIIMS, Jodhpur. The representative of Meril group (Mr. Mandal) ask me to fill a form for Lucky draw contest in which he promise to give Pipette/Semi-autoanalyzer. I fill the form in which I mention my Name, Address, mail-id and Mobile No. No Terms and conditions was told to us/written on form, No acknowledgement/Coupan No. is given, Neither the date nor time was displayed on any area of stall/lucky draw form. Every commitment was verbal only.
Next day Conference has Organize a Banquet dinner for all the delegates in which the Meril group representative announces the name of lucky winner (Dr. Rajiv Nehra Asst. Prof. Biochemistry LLRM Medical College, Meerut a Class–I Ghazetted Officer in U.P Govt) in presence of Dr. Sanjeev Misra Director AIIMS Jodhpur, Dr. Praveen Sharma Organizing Secretory ACBI Conference Prof & Head Biochemistry AIIMS Jodhpur and thousands of Delegates.
When I reached the Taj Gateway hotel for dinner everybody who know me well start congratulating me that I was a Lucky winner of the semi-auto analyzer when I claim for a prize Mr. Mandal says it was given to some other person as we wait for you for 5 minutes. When I ask him why don’t you call me and ask to come near the dice in allotted time else we will bounce the prize despite of having my mobile no.? I ask him why are you in so hurry why you change the winner name in 5 min.? I ask him lucky draw is a lottery you cannot draw the same lottery two times in a short period of 5 min. If nobody is available to claim the prize till the last day of conference the winning product should be automatically cancelled. And another draw will be made only after filling the forms again. He accepted that it was a mistake and shows he is helpless now and give me assurance that soon he will contact me and will do some favour for me (he thought I am a beggar/greedy person who demand anything which comes free of cost). Iam fighting for the right of lucky winner gift not for the mercy of Mr. Mandal.
These situations make me embarrassed in front of thousands delegates as they are congratulating me and feeling sorry for me as the prize is slipped from my hand because of 5 min. I become the funny character at the dinner. In this insulting enviorenment I lost my appetite, I didn’t eat any thing and leave the place as soon as it is possible. On the other hand Mr. Mandal is enjoying with his drink.
In the night I Contact the toll free no. of Meril life but it was not received, then I write a mail and request the authorities not to dispatch a courier of lucky winner semi auto analyzer until matter is resolved in a feedback/inquiry section till date I didn’t get any response only auto reply.
Q. I want to file defamation case against the company/ Mr. mandal.
ajay sethi
(Expert) 23 December 2014
forget the issue and move on in life . at most you did nt win the prize . better luck next time . litigation is an expensive proposition
drrajiv
(Querist) 23 December 2014
i win the prize. They announce my name as well in presence of thousand delegates. But in next 5 min they change the decision.. it is insulting (embrassing).. Thats why i want to take some legal action against them.
drrajiv
(Querist) 23 December 2014
i know it an expensive deal. Thats why i want to fight at their cost only. any suggestion how i can do the same.
T. Kalaiselvan, Advocate
(Expert) 27 December 2014
You have been advised well by expert Mr. Ajay Sethi, despite that you feel it is necessary to initiate legal action,take the help of a local advocate and proceed as per his advise.
drrajiv
(Querist) 28 December 2014
Thanks Mr. Kalaiselvan.. I only want those person to apologize me in written.. to never repeat the same with any other like this. can i file a defamation case against them ?
T. Kalaiselvan, Advocate
(Expert) 29 December 2014
You may issue a legal notice to the organiser giving the details of how felt harassed over the incident and felt being let down in the mass amounting to an injury to your reputation and libelous to your name and fame. Take the help of an expertise advocate to neatly draft venting your grievances properly and to seek proper compensation to damages. However be known that there are no strong grounds for a defamation case and it may even retaliate.
