BEFORE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD

F.A.No.782 OF 2011 

Between:

M/s Kapil Chit Fund (P) Ltd.,

Rep. by its Branch Manager,

Branch office at D.No.4-2-173/8/5

Bachu Madhava Complex, opp.Ganesh

Theatre, Cinema Road, Adilabad

1.  Musuku Susheel Reddy, S/o.Raja Reddy,

Age:47 yrs, Occ: Agriculture,

R/o.H.No.LIGH-5, A.P.Housing Board,

Adilabad.

Respondent/complainant

2.  Government of A.P.,

Rep.by its Assistant Registrar of Chits,

Adilabad.

(R2 is only a proforma party)

Respondent/opposite party no.1

Counsel for the Appellant        

Counsel for the Respondent    

         QUORUM:  

                       SRI THOTA ASHOK KUMAR, HON’BLE MEMBER

WEDNESDAY THE THIRTY FIRST 

Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)

                                               1.     

2.    The respondent   `1,50,000/-   `5,000/-    th`5,000/-, an amount of`1,15,000/- and compensation to the tune of`50,000/-.

3.            th`16,837.75 and the appellant-chit fund company addressed letter dated 13.06.2009 informing the respondent that his name was removed and requested him to receive the amount due to him,`77,328/-. The respondent paid an amount of`15,800/- of which a sum of`15,341/- was adjusted towards defaulted amount and`459/- towards penalty and he fell due for the next three months a sum of`15,000/-.

4.            `92,594/- after deducting`7,650/- towards damages for breach of contract and incidental charges. It is submitted that as per the terms of the Chit Agreement, if the non-prized subscriber failed to pay the subscription for a period of three months consecutively, his name would be removed from the list of subscribers. It is contended that the respondent was negligent and could not pay the subscription regularly and that there was no deficiency in service on the part the appellant-chit fund company.

5.     The Branch Manager of the appellant company, the Foreman & Branch manager had filed his affidavit and the documents, ExB1 to B3.

6.    the appellant-chit fund company collected penalty from the respondent and as such it cannot retain dividend of the respondent. The District Forum observed that the appellant-chit fund company had not furnished correct particulars of the payment of the chit to the respondent.

7.    Aggrieved by the order of the District Forum, the opposite party has filed appeal contending that the District Forum had not considered the evidence in correct perspective and that the respondent is a defaulter in making payment regularly. 

8.    

1. opposite party has rendered deficient service?

2. To what relief?

9.    :    `1,50,000/-. `77,328/-. The respondent paid an amount of`15,800/- of which a sum of`15,341/- was adjusted towards defaulted amount and`459/- towards penalty and he fell due for the next three months a sum of`15,000/-.

10.           `1,15,000/- towards the amount paid by him`5,000/- x 23 equal to`1,15,000/- whereas the appellant  expressed its readiness to pay the amount of`1,00,244/- minus`7,500/- toward foreman’s commission and incidental charges.  `1,00,244/- and deducting wherefrom deducting a sum of`7,650/- towards damages for breach of contract and incidental charges, the amount stated to be payable to the respondent is`92,594/-.

11.   

20. Removal of defaulting subscribers:-- A non-prized

(2). A true copy of the entry referred to in sub-section (1) shall be filed by the foreman with the Registrar within fourteen days from the date of such removal.

12.   

13.             `5,000/- towards compensation to the respondent. `92,594/- plus`5,000 totalling`97,594/-.

        `97,594/- . The parties shall bear their own costs. 

                                                                                                                                      KMK*