Date of filing: 25-4-2017 Date of Order :29 -11-2017
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, B.L., LADY MEMBER
WEDNESDAY THE 29TH DAY OF NOVEMBER, 2017
CONSUMER COMPLAINT No. 25 / 2017
Palla Mahendra,
S/o P. Sreeramulu, Age 26 years,
R/o D.No.53/47-5,
Sandeep Nagar, K. Ramapuram,
Rayachoty, kadapa District. … Complainant.
Vs.
- The Manager,
Tripura Chitfunds Pvt. Ltd.,
D. No.37/119, Near Canara Bank,
-
Rayachoty, Kadapa District -516 269.
- The Regional Manager,
Tripura Chitfunds Pvt. Ltd.,
Plot No.3C, Survey No.221, III rd Floor,
C.T.M. Road,
Opposite chaitanya restaurant,
Madanapalli, Chittoor District.
- The Managing Director, Head Office,
Tripura Chitfunds Pvt. Ltd.,
36, Jeenis Road, II Floor,
Saidapet, Chennai-600 015,
Tamil nadu. ….. Opposite parties.
This complaint coming for final hearing on 16-11-2017 in the presence of Sri K. Bala Chandra, Advocate, Kadapa for complainant and Sri P.V. Ramana Reddy, Advocate for opposite party no.1 to 3, and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1. The complainant filed this complaint under section 12 of Consumer Protection Act, 1986 (for short herein after called as C.P. Act). The complainant is resident of Rayachoty Town in the month of February, 2016 the opposite party no.1 s manager Jagadish and agent Ramamurthy Naik consulted the complainant and explained about their chit fund company and impressed by their words the complainant joined as a member of 2 lakhs chit. The complainant lifted the chit on 28-9-2016 for Rs.1,55,200/- in the open auction. The respondent no.1 demanded 4 jamindhars and blank cheques from the complainant for the same the complainant had produced 4 jamindhars and 4 blank cheques. On the same sureties the opposite party no.1 had enquired the genuinity of the sureties, there was agent one Jayakanth Reddy after the open the O.P.no.1 promised the complainant the bid amount of Rs.1,55,200/- will be paid to the complainant within 40 days . But they had not given the amount within 60 days also and the complainant asked him the respondent recklessly on 29-3-2017 there was a bad propaganda about the opposite party chit fund company. Then the complainant had issued a legal notice through his advocate, but there is no reply from the opposite parties. hence this complaint.
2) The complainant prays that this Hon’ble forum may pleased to award the reliefs from the opposite parties in favour of the complainant
i) Chit amount of Rs.1,55,200/- with interest at 24% p.a.
ii) For mental agony and financial problems from these 7 months
Rs.2,00,000/- as compensation and
iii) Rs.5,000/- towards costs of the complaint in the interest of
justice.
3) Written statement on behalf of the opposite party no.1 filed and the same was adopted by O.P.no.2 and 3. The complainant is put strict proof of the allegations made in the complaint, the complaint is not maintainable either in law or on facts of the case.
4)It is true that the complainant joined in the 2,00,000/- chit in the month of February, 2016. The complainant paid 6 installments, completely prior to the bid of chit and 28-9-2016 as a highest bidder for Rs.1,55,200/-and produced sureties on 4-10-2016. The complainant had not executed the necessary documents. The complainant on much difficulty secured 2 sureties and those persons frankly stated the O.P.no.1 that if he would give assurance that the complainant paid installments regularly then only they would stand as sureties. After verification the O.P.no.2 and 3 instructed the opposite party no.1 fully deduct the default installments amount as the complainant has paid only part payment earlier the O.P.no.1 intimate the matter to the complainant. The complainant did not accepted for the deduction. As the complainant did not come forward to pay the due, and not executed the necessary documents to the satisfaction of the O.P.s. There was delay in payment of the chit amount i.e., Rsa.1,55,200/-. The opposite party explained the terms and conditions as agreed by the complainant at the time of joining in the chit as member as the complainant committed default in payment of the chit value, the complainant is entitled to claim the interest at of 6% p.a. and the complainant demanded 24% p.a. it is against the terms and conditions of the opposite party no.1 chit fund company. Keeping grudge in mind, the complainant made bad propaganda in Rayachoty Town attributing the allegations of deficiency on the part of the opposite parties.
5)Even the opposite party are ready to pay the chit lifted amount on Rs.1,55,200/- with subsequent interest of 6% p.a. after deducting of the defaulted installments as the complainant himself fail to furnish the security to the satisfaction of the opposite parties and fail in execute the necessary documents. There was delay in payment, hence there is no deficiency on the part of opposite parties.
6)In the above circumstances, the Hon’ble Forum may be pleased to dismiss the complaint without costs.
7)Ex.A1 to Ex.A6 filed on behalf of the complainant. Nil Exhibits on the part of the opposite parties.
i) Whether the complainant is eligible for compensation as prayed by
him or not ?
ii) Whether there is deficiency of service and negligence on the part
of opposite parties no.1, 2, and 3 or not ?
iii) To what relief ?
8)Point No.1 and 2 :- It is very clear from ex. A1 that the complainant was the member of the 1st opposite party chit fund company joined in the month of February, 2016. Ex. 2,3 and 4 supports the same. As stated in the written version, the Opposite parties had not informed the complainant about the necessary documents and deducting of defaulted installments. The respondents failed to prove their case because they did not filed even a single piece of evidence to prove the default installments of the complainant. The complainant issued legal notice under Ex. A5, but there was no reply from the opposite parties 1, 2, and 3. As per exhibits filed on record by the complainant, it is very clear that the complainant had paid the chit amount for 8 months. It is very clear in the documents that the complainant had paid 75,000/- as installments amount under Ex. A4. After deduction of the dividend. So as seen from the documents on record filed by complaint and written version of opposite parties it is very clear that the complainant had paid Rs.75,000/- towards 8 installments. Hence, the complainant is eligible for compensation as prayed by him, because he had paid regular installments and he had lifted the chit amount in the open auction. He proved clear deficiency of service on the part of respondents no1, 2 and 3.
9) Point No.3 :- In the result, the complaint is allowed, directing the opposite parties no.1 to 3 jointly and severally liable to pay Rs.75,000/- the amount collected from the complainant towards chit installments with interest 9% p.a. from the date of commencement of the chit, i.e., on 1/2/2016 till realization, pay Rs.10,000/- towards mental agony, pay Rs.5,000/- towards costs of the complaint, to the complainant within 45 days of date of receipt of orders.
Dictated to the Typist, transcribed by him, corrected and pronounced by us in the open forum, this the 29th day of November, 2017
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined
For complainant : NIL For opposite party : Nil
Exhibits marked on behalf of the Complainant :-
Ex: A1:- P/c of Tripura Chit Fund Pvt. Ltd., Chit pass book dated 27-2-2016.
Ex: A2:- P/c of subscription chit receipt no.4927, dt. 25-2-2016.
Ex: A3:- P/c of party history of Mahendra on 2nd September, 2016.
Ex: A4:- P/c of party history of Mahendra on 28th March, 2017.
Ex: A5:- Copy of three legal notices dated 31-3-2017,31-3-2017 and 31-3-2017.
Ex: A6:- P/c of Sakshi News Edition on 29th March, 2017.
Exhibits marked on behalf of the Opposite parties: -
MEMBER PRESIDENT
Copy to
1) Sri K. Balachandra, Advocate, Kadapa.
2) Sri P.V. Ramana Reddy, Advocate, Kadapa.
& & &
P. R.
