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Sree Pujitha Chit Fund Pvt. Ltd. 
Submit Complaint..
Kesineni.Venkateswarlu, S/o.K.Kondaiah, R/o.Kandukuru, Prakasham District.
…… Complainant.
1.Sree Pujitha Chit Fund (P) Ltd., Rep. by its Foremen N.Venkateswara Rao, Ammana Estates, Governorpet,
Vijayawada-2.
2. Kodali Siva Parvathi, W/o. Kodali Satyanarayana, Director, Sree Pujitha Chit Fund (P) Ltd, Ammana Estates,
Governorpet, Vijayawada-2.
…. Opposite parties.
ORDER
1. The averments of the complaint in brief are as follows:
That the complaint is a resident of Kandukuru, Prakasham District. The opposite parties are doing chit fund business in Vijayawada. The complainant joined as a subscriber in the chit ref.No.PLX5-34 conducted by the opposite parties for a sum of Rs.20.00,000/-. The chit was commenced in the month of July 2002. The complainant has to pay Rs.50,000/-per month in 40 monthly subscriptions regularly. The opposite parties issued a pass book and where in the payments made by the complainant were noted. While so the complainant participated in the chit auction conducted by the opposite parties in the month of June 2005 and he became successful bidder.
But the opposite parties did not choose to pay the prize amount to the complainant so far and postponing the same on one pretext or the other. At last on 28-02-2006 the opposite parties deducted an amount of Rs.1,91,415/- from prize amount towards remaining installments and issued a receipt for the said amount. Later on 22-08-2006 the opposite parties issued a cheque for 15,53,585/-in the name of complainant but the same was dishonoured on 12-02-2007. Subsequently the complainant made several requests to the opposite parties to pay the prize amount, but the opposite parties failed to do so. While the matter stood thus on 01-07-20008 one Ch.Abbayya Naidu Rajupalem Village published a notice in Eenadu Stating that he intends to purchase the property mentioned in 4 schedules in a total extent of 18 acrs belonging to the opposite party no.1 chit fund company through his Advocate knowing the said fact . The complainant got issued Legal notice to the said advocate. As all the efforts of the complainant became futile in getting the chit amount. Hence the complaint.
3. After registering the complainant notices were sent to the opposite parties, but the opposite parties failed to receive the same and remained ex-parte.
4. On behalf of the complainant, he filed an affidavit and got marked EX:A1 to A5.
5. Heard and perused.
6. Now the points that arise for consideration in this complaint are:
(I) Whether there was deficiency in service on the part of the opposite parties, if so the complainant is entitled to the amount claimed with interest?
(II) To what relief the complainant is entitled?
7. Point No.1:
As could be seen from the material on hand, the complainant was one of the subscriber of the chit Reference No.PL X5-34, vide Ex:A1 and he paid 36 installments . Ex:A3 cheque issued by the second opposite party to the complainant for an amount of Rs.15,53,585/- dated 22-08-2006 . Which was dishonoured.Ex:A2 cash receipt issued by the first opposite party clearly proves that the opposite parties deducted an amount of Rs.1,91,415/- from the prize amount towards balance installments . Ex:A1 to A5 clearly proves that there is a deficiency in service on the part of the opposite parties. So no need to discuss further more in this aspect. That apart, the intimation was given to the opposite parties by the postal authorities about the Regd. notice and that vide publication was given in Janatha Daily. Yet the opposite parties failed to contest the matter, that itself go to show that the opposite parties were at fault and that they failed to render proper and timely service as expected by the complainant and they have not returned the chit amount, which is nothing but violation of principles of natural justice and it is noting but deceiving the subscribers of the chit particular the complainant here in. So the acts of the opposite parties clearly falls with in the purview of deficiency in service and as such, the complainant is entitled for the relief claimed, Since no denial in any aspect by the opposite parties and accordingly this point is answered.
8. Point No. 2 :
In the result, the complaint is allowed and the opposite parties 1 and 2 are directed (jointly and severally) to pay the chit amount of Rs.15,53,585/-(Rupees fifteen lakhs fifty three thousand and five hundred eighty five)only to the complainant along with interest 12%p.a from 22-08-2006 till the date of realization, and do pay Rs.2,000/-(Rupees two thousand ) only towards costs. Rest of the claim, if any, claimed by the complainant is rejected. Time for compliance one month.
