BEFORE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION ATHYDERABAD

F.A.No.192 OF 2010 AGAINST C.C.No.128 OF 2008 DISTRICT FORUM NIZAMABAD

Between                                           

M/s Kapil Chit Fund (P) Ltd.,
5-6-510/4, Saraswathi nagar
Hyderabad Road, Nizamabad

Rep. through its Manager

Smt Farahana W/o Razak Qureshi
aged about 30 yrs, Occ:Beed Roller and
landlady H.No.1-10-39, nearPhulong Street
oppositeKakatiyaHigh School, Nizamabad

                                                       Counsel for the Appellant                    

Counsel for the Respondent                   

 QUORUM:       SRI R.LAKSHMINARSIMHA RAO, HON’BLE MEMBER

Oral Order ( As per R.Lakshminarsimha Rao, Member)
     

1.    `22,000/- together with interest @24% p.a. and to pay`50,000/- towards damages on account of unfair trade practice and deficiency in service.

2.    `3 lakh `10,000/-  `1205/-,`2,000/-,`1200/- and`5,000/- on 25-11-2003, 27-12-2003, 19-01-2004 and 18-02-2004 respectively and she has also said to have paid`1875/- `10,000/- and having come to know the discrepancy in the entries of the pass book, she demanded the appellant company to return the amount of`22,000/- for which there was no response from the appellant company whereby she got issued notice on 13-02-2008 for which also there was no response from the appellant company.

3.    `10,000/- in all as also that on default committed by any subscriber he is entitled to that amount which is the remainder of the chit value minus the foreman’s commission of 5%. The respondent paid`10,500/- which is less than the foreman’s commission is of`15,000/-.

4.     

5.    `10,500/- together with `1,000/- and costs of`500/-.

6.    

7.    

1. 

2. to what relief?

8.    `3,00,000/-. `10,000/- is payable in 30 months. The respondent claimed to have paid an amount of`22,000/- towards monthly subscription. The pass book goes to show payment of`10,000/-. The District Forum disbelieved payment of`22,000/- by the appellant. The respondent has not challenged the finding of the District Forum either in this appeal or by filling a separate appeal. As such the finding returned by the District Forum attained finality and need not be given much attention.

9.     

10.   

“Mode and proportion in which the discount is distributable by way of dividend by way of dividend , Foreman’s commission or remuneration . The discount less the foreman’s commission shall be 5 percent of the chit value”.

 `10,500/- as awarded by the District Forum. He has submitted that the amount arrived at after deducting the 5% of `10,000/- paid by her will be , `10,500-`15,000/-=`4,500/-, i.e,, she is liable to pay the amount of`4,500/- to the appellant company. Condition No.15 of the chit agreement says that non-prized defaulted subscriber, on termination of the chit would be paid the actual amount received after deducting foreman’s commission. 

12.                                                                                                                                                                   MEMBER

                                                                                                                                                                                                                                     KMK*