BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::

KADAPA Y.S.R DISTRICT

PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT

                                                                               SMT. K. SIREESHA, LADY MEMBER

                                                                               SRI M.V.R. SHARMA, MEMBER

Monday, 2^nd May 2016

CONSUMER COMPLAINT No. 90 / 2015

B. Vijayabhaskar Reddy, S/o Narapu Reddy,

aged 40 years, Resident at D.No. 1/192,

Chilamakuru Village, Yerraguntala Mandal,

YSR District.                                                                       ….. Complainant.

Vs.

1.  The Branch Manager, M/s Kapil Chits (Hyderabad) Pvt. Ltd.,

     Proddatur Branch, Besides Karur Vysya Bank, Gandhi Road,

     Proddatur – 516 360, YSR District.

2.  Kapil Chits Fund Pvt. Ltd., Rep. by its Managing Director,

     D.No. 3-6-9/10, Above Corporation Bank, First Floor,

     Vivenkananda Nagar, Kukatpally,

     Hyderabad. (Telangana).                                           ………Respondents

This complaint coming on this day for final hearing on 25-4-2016 in the presence of Sri G. Trivikram Singh, Advocate for complainant and R1 called absent and set exparte on 24-2-2016 and R2 called absent and set exparte on 29-3-2016 and upon perusing the material papers on record, the Forum made the following:-

O R D E R

(Per Smt. K. Sireesha, Member),

1.             Complaint filed under section 12  of C.P. Act 1986.

2.             The brief facts of the complaint are as follows:-  It is submitted that R1 is the branch office of R2.  Both the respondents have been running chit business.  It further submitted that the complainant is a chit member of respondents Chit No. FPRT04G-27.  The chit amount is Rs. 2,00,000/- and from the date of 1^st installment the complainant has been paying his installments regularly without fail upto 50 installments.  The 1^st respondent noted the installments paid by the complainant up to 16-2-2016.  The said chit was completed by the end of February 2015.  After lifting the said chit, the complainant was forced to put passbooks of his father’s property as security apart from submitting sureties of four persons.  The respondent company delayed the payment of chit for four months and finally paid the chit amount by deducting future six installments.  The respondents violated the terms of chit agreement, wherein as per chit fund act, the chit amount has to be remitted to the member within a month of lifting the same.  Though there is delay in payment of chit amount, no penalty was paid by the respondent company. 

3.             In contra, the respondents collected huge penalties from the complainant for the amount payable by him.  Even they have collected interest at the rate of 6 rupees, 12 rupees, 21 rupees, 24 rupees respectively.  The respondents have collected Rs. 2,24,140/- towards installments and Rs. 29,576/- towards penalties totaling  Rs. 2,53,716/- from the complainant fro Rs. 2,00,000/- chit.  It clearly goes to show that the respondents have collected Rs. 50,300/- excess amount from the complainant.  Number of times, the complainant has approached to R1 and informed him about his grievance.  But, his efforts proved in vain.  Due to negligent attitude of respondents, the complainant was put to financial loss.  The complainant suspects bonafides of respondents in not paying his excess amount.  The services of respondents are deficient in nature.  Both of them are liable to pay compensation to the complainant for causing financial loss and physical strain to him and they are also liable to issue no dues certificate (clearance certificate).  Having no other go the complainant got issued a legal notice dt.21-4-2015 calling upon the respondents to pay Rs. 50,300/- excess amount collected from him.  Having received the said legal notice, the respondents started to harass the complainant by demanding that there is excess amount due payable by him to their company.  By demanding excess amount from the complainant, the respondents are trying to put blame on him, though there is no fault on his part.  It speaks in volume about the gross negligence on the part of respondents.  Hence, this  complaint. 

4.             Therefore, prayed that the Hon’ble forum may be pleased to allow the complaint and pass orders in favour of the complainant, directing the respondents   1 & 2 (a) to pay Rs. 50,300/- excess amount collected from the complainant together with 24% interest till the date of realization, (b) to issue no due certificate (clearance certificate) to the complainant, (c) pay Rs. 1,00,000/- towards compensation for causing mental agony and physical strain  and (d) to pay Rs. 2,000/- towards cost of complaint and other relieves as the Hon’ble forum deem fit and proper in the circumstances of the case., 

5.             Respondents 1 & 2 called absent and set expate on 24-2-2016 and  29-3-2016.

6.             On the basis of the above pleadings the following points are settled for determination. 

1. Whether the complainant is eligible for compensation as  prayed by him or not?

 ii.    Whether there is negligence or deficiency of service on the  part of the Respondents or not?

        iii.    To what relief?

7.             On behalf of complainant Exs. A1 to A4 were marked and on behalf of the respondents no documents were marked.       

8.             Point Nos. 1 & 2. As seen from complaint and Ex. A1 it is very clear that the complainant is the subscriber of the respondents chit fund company.  The complainant joined in the chit of Rs. 2,00,000/- bearing Chit No. FPRT04G-27.  The complainant had not filed any piece of evidence to prove that the respondents had violated the chit agreement.  The complainant failed to file the chit agreement between the respondents and him. There is no proof to shows that the respondents had collected interest at the rate of 6 rupees, 12 rupees, 21 rupees, 24 rupees respectively. The complainant had not filed supportive evidence to his complaint.  There is no clarity in the complaint.  To prove his case the complainant must and should file agreement between respondents and him.  Herein the complainant did not do so.   So there is no proof to prove that there is deficiency of service or negligence on the part of the respondents 1 & 2.  So the complainant utterly failed to prove his case.  In these circumstances the complainant is not eligible for any compensation as prayed by him and at the same time there is no negligence and deficiency of service on the part of the respondents 1 & 2. 

9.             Point No. 3. In the result, the complaint is dismissed without costs.

                   Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open  Forum, this the 2^nd May 2016.

MEMBER                                      MEMBER                                      PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant :   NIL                                        For Respondents :       NIL

Exhibits marked for Complainant: -

Ex. A1       Chit receipts issued by the  respondents (36 in numbers).

Ex. A2       Legal notice dt. 21-4-2015.

Ex. A3       Postal receipts.

Ex. A4       Notice issued by the respondents dt. 26-9-2011 demanding amount from the complainant. 

Exhibits marked on behalf of the Respondents : -  

MEMBER                                          MEMBER                               PRESIDENT                                  

Copy to :-

1. Sri G. Trivikram Singh, Advocate for complainant.
2. The Branch Manager, M/s Kapil Chits (Hyderabad) Pvt. Ltd.,  Proddatur Branch, Besides Karur Vysya Bank, Gandhi Road,  Proddatur – 516 360, YSR District.
3. Kapil Chits Fund Pvt. Ltd., Rep. by its Managing Director,

D.No. 3-6-9/10, Above Corporation Bank, First Floor,

Vivenkananda Nagar, Kukatpally, Hyderabad. (Telangana)

B.V.P.