BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Tuesday the 3rd day of March , 2009
C.C.25/08
Between:
B. Kishore Kumar, S/o. Krishnaiah,
R/o. Near Krishna garden, Opp. I.T.C.Company, Kurnool. … Complainant
Versus
- T.V.Ramana Chits, Represented by its Managing Director, Syed Hussain Pasha, S/o. Fakruddin,
D.No76/104-A-20A, Varma Complex, Near IVth Town P.S.Kurnool.
2. Syed Fathima Pasha, D/o. Hussain Pasha,
R/o.H.No.51/15A-49/1, Baba Brindavan Nagar, Kurnool.
- S.A.N. Gani, S/o. S.A.Sukur,
R/o.41/307, Kothapeta, Kurnool.
- T.V.Ramana, Former Managing Director, C/o. T.V.Ramana Forms of Companies,
IInd Floor, S.V.Complex, Kurnool.
- Bhupalam Thulasi Ram, D/o. Late Bhagavanthappa,
H.No.81/124-B, Venkateswara Nagar, Kallur, Kurnool.
- Balabhadra Ramesh , S/o. Tirupathaiah,
C/o Sriram Ragavendra Chits, R/o. Ucon Plaza, Kurnool. … Opposite parties
This complaint is coming on this day for orders in the presence of Sri.S.V.Krishna Reddy , Advocate, for the complainant, and Sri.M.Sivaji Rao , Advocate, for the opposite parties 1 and 2 and Sri.D.Siva Sankara Reddy , Advocate, Advocate for opposite party No. 3 and Sri.A.Prabhakar Reddy , Advocate for opposite parties No. 4 and 6 and Sri.K.Rama Krishna, Advocate for opposite party No.5 and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. K.V.H.Prasad, President)
C.C.No.25/08
1. This case of the complainant is filed U/S 12 of C.P. Act seeking direction on the opposite parties to pay him an amount of Rs.1,22,000/- with interest @ 24% p.a , and Rs.25,000/- for mental agony and Rs.25,000/- towards cost of litigation alleging his joining at the request of the opposite parties in three terminated chits , of the opposite party company , bearing Nos. 50/50 A-2 for Rs.50,000/- at a premium of Rs.1,000/- per month for 50 months , chit No. 50/1A / 40 for Rs.1 lakh at a premium of Rs.2,000/- per month for 50 months and chit No. 50/50 A – 2 for Rs.50,000/- at a premium of Rs.1,000/- per month for 50 months paying there under amount of 31 installments , 31 installments and 30 installments respectively and the opposite party thereafter terminated the said chits and did not refund the said amount under said chits inspite of several demands of the complainant.
2. The complaint originally filed against opposite parties 1 to 3 ,on orders dated 20-06-2008 in I.A.No.100 of 2008 the opposite parties 4 to 6 were brought on record by effecting amendment to the complaint .
3. In pursuance of the receipt of the notice of this forum as to this case of the complainant the opposite parties caused their appearance through their counsel and contested the case filling their written versions denying any of their liability to the complainants claim and seeking dismissal of the complaint .
4. The written version of the opposite party No. 1 deny the privy of the complainant to the said chits alleging that the chit bearing No. 50/50 A – 2 on the name of Mr. Mala Chenniah s/o. M.Yerranna of Atmakur and the chit No. 50/1 A /40 originally standing in the name of Mr. G.Bala Swamy of Rudravaram Village consequent to his default in payment of monthly chit premiums was transferred to Smt. S. Lakshmi Devi @ S. Lakshmi Devamma of Krishna Nagar , Kurnool and the complainant foisting the case against them in connivance with other opposite parties and fabricating documents .
5. The written version of the opposite party No. 2 alleging himself as a director of the opposite party company deny any of its liability to the complainant under those chits as under the article No. 32 of the articles of association no director of the company shall be liable and answerable for the acts or defaults of any other officer of servant or for any loss , damage or misfortune what so ever which shall happen through his willful act, negligence or default and thereby seeking dismissal of complaint .
6. The written version of the opposite party No. 3 besides denying any of its privy and relationship with opposite parties 1 and 2 alleges any of its responsibility to the complainants claim as he is not even foramen of the said chit company and issued any receipts to the complainant for the payments he alleges to have made under those chits. It alleges that the complaint was foisted against him by the complainant in collusion with opposite parties 1 and 2 and seeks the dismissal of the complainants claim .
7. The written versions of the opposite party No. 5 and the opposite party No. 6 adopted by opposite party No. 4 even though admits the payments alleged by the complainant under said chits denies of the complainants entitleness for the amount claimed as the complainant is entitled only to that amount which remains in balance after deducting the company’s commission at 5% from the actual amount paid by the complainant under said chits. It further submits that as the management was made over by opposite parties 4 to 6 to opposite parties 1 to 3 vide resolution dated 02-02-2006 and its public intimation to all concern by publishing in Andhra Jyothi daily newspaper local edition on 26-03-2006 and there by having any liability seeks dismissal of complaint .
8. In substantiation of the contentions while the complainant side has taken reliance on documentary record in Ex.A1 to A4 and the sworn affidavit of himself , the opposite party side has taken reliance on documentary record in Ex.B1 to B4 and sworn affidavit of the opposite party No. 4.
9. Hence the point for consideration is whether the complainant has made out any deficiency of the opposite parties and there by any of their liability to the complainants claim.
10. The complainant alleges of his joining a terminated chit and payment of 31 installments @ Rs.1,000/- per month under said chit No. 50/1 A /40 for Rs. 1 lakh . While the opposite parties 4 to 6 admit the said payment the opposite parties 1 to 3 deny of any concern of complainant with said chit .
11. Even though the Ex.A1 – pass book pertaining said chit No. 50/1A/40 standing in the name of the complainant is not possessing any entries of said alleged payments , but the receipts Nos. 3711 / 3704 dated 14-03-2006 of Ex.A4 while envisage the payment of installments pertaining to 30 and 31 installment of said chit , the receipt No. 3969 dated 02-01-2006 of Ex.A4 envisage the payment of Rs.41,563/- as installments for the period September 2003 to January 2006 .
12. The opposite party No. 1 contends that the complainant was not at all member of said chit as it stands originally in the name of G.Bala Swamy of Rudravaram Village and consequent to his default in payment of installments under said chit , it was transferred to one Smt. S. Lakshmi Devi @ S. Lakshmi Devamma of Krishna Nagar, Kurnool under Ex.B3 transfer form and chit agreement dated 01-01-2004 . The Ex.B4 – Xerox extract of register of subscribers maintained under Sec. 15 of Andhra Pradesh Chit Fund Act, 1971 R/w Rule 23 of A.P. Chit Funds Rules , 1971 – issued by Registrar of Chits ,Kurnool also envisages the transfer of chit NO. 50/1A/40 from G.Balaswmay of Rudravaram to S.Lakshmi Devamma , Krishna Nagar, Kurnool.
13. In the said circumstances and the opposite party No. 3 disowning of issual of any receipts to the complainant in token of
installment paid under said chit there appears any concern of complainant under said chit No. 50/1A/ 40 as alleged by the complainant and there by they remains any bonafidees in the above stated receipts No. 3711 , 3704 , dated 14-03-2006 and 3969 dated 02-01-2006 and so the complainant is not remaining entitled to said claim made under said chit No. 50/ 1A/40. Consequently the said claim of the complainant is dismissed.
14. The complainant alleges that he joined the terminated chit NO. 50/50 A -2 at the instance of the opposite party paying there under an amount of 31 installments @ Rs. 2,000/- per month and takes reliance on entries of payment mentioned in E.xA2 pass book of said chit number standing in the name of the complainant and also taking reliance on the receipt Nos. 3687 and 3707 dated 14-3-2006 and 15-2-2006 respectively of Ex.A4 – the mention of which finds in the entries of Ex.A2 pass book of said chit number standing in the name of the complainant and which fact was also averred by the opposite parties 4 to 6 in their written version.
15. But the opposite parties 1 to 3 allege any concern of the said chit to the complainant as the said chit stands in the name of Mala Chenniah S/o. M. Yerranna of Atmakur . The attested Xerox agreement dated 28 September 2003 in Ex.B2 issued by Registrar of Chits Kurnool also corroborates the above said alleged fact . Further the receipt Nos . 3687 and 3707 of Ex.A4 stated above envisages the payment there under to chit NO. 50/50 /02 and not to 50/50 A- 2 .
16. In the above state of circumstances , hence there appears any concern to the complainant to the claim made under chit No. 50/50 A -2 and any bonafides in the above stated receipts to hold any entitleness of the complainant there under merely because opposite parties 4 to 6 lend support to complainant and so consequently the said claim of the complainant under said chit number is dismissed.
17. The complainant alleges that he joined a terminated chit bearing No. 50/50 A – 2 for Rs.50,000/- at a monthly premium of Rs.1,000/- paying there under an amount of 30 installments . But any pass book or payment receipts of said chit envisaging the said payment of 30 installments is filed by the complainant as the Ex.A3 pass book filed by the complainant pertains to 50 / 50-7 standing his name and containing the entries as to payment of 30 installments on 15-02-2006 under said chit number.
18. As there being variance in the chit number claimed in complaint and the chit number found in Ex.A3 there appears any bonafidees in the claim of the complainant under said chit number , creating any proper cause of action and liability of the opposite parties . consequently the claim of the complainant under said chit also dismissed.
19. In the result of the above discussion as the complainant has not made out the liability of the opposite parties to his claim made in the complaint the complaint is dismissed with cost.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 3rd day of March , 2009.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Pass book No.50/1A-40
Ex.A2. Pass book No.50/50-A2
Ex.A3. Pass book No.50/50-7
Ex.A4. Bunch of 8 receipts.
List of exhibits marked for the opposite parties:
Ex.B1. Xerox copy of fresh certificate of incorporation
consequent on change of name.
Ex.B2. Xerox copy of agreement of chit of Ex.A2.
Ex.B3. Xerox copy of agreement of chit of Ex.A3.
Ex.B4. Xerox copy of Agradhana Chit Fund Private Limited, Kurnool.
Sd/- Sd/-
MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on
