Trial needed for punter’s suit over lost winning ticket, court rules

Judicial commissioner says a ‘material issue’ arose regarding the ticket that was photographed using a mobile phone.

KUALA LUMPUR: A punter will have his day in court over a dispute with a licenced gaming company over RM185,000 in prize money which he claims to have won in a draw last year.

This follows a ruling by the High Court here to dismiss a striking out application filed by Pan Malaysian Pools Sdn Bhd against a suit filed by M Mahendravarman.

Judicial commissioner Rozi Bainon said the claim and the relief sought by the punter against the gaming company was not “obviously unsustainable”.

She said that a material issue arose regarding the winning ticket which warrants a trial.

“It is not scandalous, frivolous, vexatious or an abuse of the court’s process,” Rozi said in a ruling delivered online today.

Mahendravarman, 42, who was represented by R Kengadharan, was also awarded costs of RM5,000.

Rozi also fixed the suit for case management on April 10 to enable parties to take directions before the trial.

In his statement of claim, Mahendravarman said he invested RM30 to buy the numbers “1515” and “1010 ” at the gaming company’s outlet in Petaling Jaya on May 14, last year. He claimed the numbers won him RM185,671 in prize money.

He said he took a photograph of the ticket on his mobile phone but later could not locate it after having misplaced or lost the ticket.

Mahendravarman said he lodged a police report on May 16 after he could not find the ticket despite searching his house.

He then went to the same outlet in Petaling Jaya to collect the prize money by showing the snapshot, but his claim was not entertained.

He also said he went to its headquarters in Wisma Genting here but was told that the original ticket must be produced.

He says the gaming company had wrongfully detained the winning sum and deprived him of his rights as a winner.

He added the company’s requirement that punters must claim their prize money by producing winning tickets within three months is against public policy and in breach of Section 24 of the Contracts Act 1950 and Section 6(1) of the Limitation Act 1956.

Pan Malaysian Pools, which was represented by Yong Huey Leng and Shamala Balasundram, said the applicable rules and regulations require those claiming prize money to produce the original winning ticket.