Complaints filed on: 19-04-2021
Disposed on: 24-06-2022
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
CC.No.37/2021
DATED THIS THE 24th DAY OF JUNE, 2022
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER
Sri.G.L.Raghavendra
S/o Lakshminarayanappa
Poornima Nilaya,
5th A Cross, Devarayapattana,
New Extension, Tumkur-04.
……….Complainant/s
(By Sri.M.N.Dinesh, Advocate)
V/s
The Managing Director,
Sri Gowri Ganesha Chits Private Ltd.,
No.307, 1st Floor, Main Road,
7th Cross, Dommalur Layout, Bengaluru-560071
………..Opposite Party/s
( Exparte)
:O R D E R:
SMT.NIVEDITA RAVISH, LADY MEMBER
This complaint was filed by the complainant against the Opposite parties (hereinafter called as OPs) under Section 35 of Consumer Protection Act, 2019 to direct the OPs-Gowri Ganesh Chits Private Limited to pay two chits amount of Rs.1,30,000-00 paid by the complainant together with profit and interest.
2. The 2nd OP is running Chits business under the name and style of Sri Gowri Ganesh Chits Private Ltd and having its head office at Bengaluru. The 1st OP is branch office of 2nd OP is having office at Tumakuru.
3. It is the case of the complainant that, the complainant is the customer of OPs chits. On 30-4-2015 the complainant has registered two chits under 1) GFL [5]-TMK-01 15 and 2) GFL [5] – TMK- 0116 for Rs.5.00 lakhs and monthly installment of Rs.10,000-00 for 50 months. The said chits registered in the office of Registrar of Tumkur District Cooperative Societies under Reg.No.DRT/CFS/64/2015-16. The said two chits started on 29-4-2015 and paid first monthly installment of Rs.10,000-00 X 2 = 20,000-00 on 30-4-2015. The complainant paid 15 installments amount to first chits bearing No.GFL [5] – TMK – 0115 and paid last installments amount on 16-2-2017. The complainant paid first installment amount Rs.10,000-00 only to 2nd chits bearing No.GFL [5] – TMK – 0116. Due to family problems, the complainant could not continue the above said chits and paid last monthly installment amount on 16-2-2017 to the first chits and the complainant paid only first installment amount to the second chits and could not continue the same. On 29-5-2017 the Manager of OPs has issued notice to complainant for removal from the first chit through RPAD post but the OPs have not given notice to the second chit. After receiving the notice, the complainant visited the OPs office and enquired the OPs Manager and they directed the complainant to continue the same by paying monthly installments. Due to family problems, the complainant could continue the same and OPs rejected to return the chits amount and the OPs have drag the matter one or the other reason. Finally on 23-2-2022 the complainant issued a legal notice to OPs but inspite of receiving the notice, the OPs have not settled the matter and there is a deficiency of service on the part of OPs. Hence, the complainant has come up with this complaint.
4. After service of notice, the 2nd OP has not appeared before the Commission and placed exparte. On 7-1-2022 the complainant filed a memo stating that the 1st OP office is closed and submits the case against the OP No.1 is not pressed. Hence the case against the 1st OP is not pressed and deleted from the record.
5. The complainant has filed his affidavit evidence and produced 06 documents.
6. We have heard the oral arguments of learned counsel for complainant and points that would arise for determination as here under.
- Whether the complainant proves the deficiency on the part of OPs?
- Is complainant entitled for the reliefs sought for?
7. Our findings on the aforesaid points are as follows:
Point No.1: In the affirmative
Point No.2: Partly affirmative, as per the
final order below
:REASONS:
Point Nos.(1) & (2):-
8. The learned counsel for the complainant submitted that the complainant has registered for two chits on 30.04.2015 in OP’s Chits Pvt. Limited. The complainant produced the document Nos. 3 & 4 “Cancel Members Account Copy” issued by the OP with seal, which are clearly mentioned the name and address of the complainant, Chit reference number, enroll date, group value, number of installments, by-law number, commencement and closing date, paid up to, paid amount, balance amount and other details. Document No.3 and 4 proves that the complainant has registered for two chit bearing Nos.GFLC5TMK-0116 and GFL(5)-TMK-0115 for Rs.5,00,000/- and monthly installment of Rs.10,000/- for 50 installments. These documents also reflect the said chits registered in the office of Registrar of Tumkur District Co-Operative Societies under DRT/CFS/64/2015-16 in column “By-Law No”. As per document Nos. 3 & 4, it is admitted that the said chits are started on 29.04.2015 and paid first monthly installment of Rs.10,000=00X2=20,000-00 and complainant has paid only first installment amount of Rs.10,000/- only towards chit bearing No.GFL(5)-TMK-0116, and the complainant has paid 15 installment amount towards chit bearing No.GFL(5)-TMK-0115. Document No.4 and 1 (cash receipt issued by OP) proved that the complainant has paid last installment on 16.02.2017 towards chit bearing No.GFL(5)-TMK-0115.
9. Further the counsel for complainant submits that the complainant has not continued the above said chits due to the family problems of the complainant. The complainant produced the document No.2 (Notice of removal) which was issued by the 1st OP regarding default of chit bearing No.GFL(5)-TMK-0115 and it is mentioned as under:
Amount payable on 16 to 27
defaulted installments: Rs.87,500-00
Penalty/Interest @ 1.50% per month\
Annum on defaulted instalments as
Agreed under the chit agreement Rs.5,813-00
Incidental charges Rs. 100-00
Rs.93,413-00
10. As per document Nos. 3 & 4 the complainant has paid total amount of Rs.10,000/- towards chit bearing No.GFL(5)-TMK-0110 and paid total Rs.1,20,000/- towards chit bearing No.GFL(5)-TMK-0115. But as per the document No.2 [notice of removal] the OP has stated that the complainant has entitled for only Rs.93,413/- as per the provisions of the Chit Agreement R/w Sec. 30 of the Chit Funds Act, 1982.
11. Though the legal notice dated:25.02.2021 issued by the complainant was served on the OP, he did not settle the said chits amount and the OP has failed to appear before this Commission and not produced any documents to show that agreement regarding chit No.(5)-TMK-0116 and also the OP has failed to return/refund the amount of said two chits after the closing date of chits i.e. 29.05.2019. Hence, the OP shall liable to pay total installment amount of two chits i.e., Rs.1,30,000/- to the complainant with interest @ 9% per annum from 29.05.2009 i.e. closing date of two chits till the realization of amount. Further, the complainant prays for dividends of chit amount.
12. The complainant did not furnish any calculations about the dividend of chit amount in his complaint or evidence and arguments. Hence, the same has not been considered. The OP compelled the complainant to approach this commission and for that, the OP shall liable to pay litigation cost of Rs.10,000/- to the complainant. Accordingly, we proceed to pass the following:-
:ORDER:
The complaint is partly allowed.
The OP is directed to pay Rs.10,000/- and Rs.1,20,000/- pertains to the 02 chits bearing No.GFL(5)TMK-0116 & GFL(5)-TMK-0115 with interest @ 9% p.a. respectively from 29.05.2019 till its realization.
The OP is further directed to comply the above order within 30 days from the date of receipt of this order, failing which the amount payable carries interest @ 10% p.a. from 29.05.2019 till realization.
It is further ordered that OP shall liable to pay litigation cost of Rs.10,000/- to the complainant.
Furnish the copy of order to the complainant and opposite parties at free of cost.
