Before the District Forum:Kurnool

Present Sri K.V.H.Prasad, B.A., LL.B., President

And

Smt C.Preethi, M.A., LL.B., Member

Sri R.Ramachandra Reddy, B.Com., LL.B., Membe

Tuesday 23^rd day of March, 2004

C.D.No.185 /2003

P.V.Narayana Reddy,

S/o. P. Lakshmi Reddy,

H.No.Plot No.302,

Sharat Housing Complex,

Behind R.T.A.Office,

Kurnool.                                            . . . Complainant represented by his

                                                                Counsel P. Siva sudarshan

-Vs-

E.L.Chakrapani Rao,

S/.o. Lakshman Rao,

H.No.LIG 11/147,

Old Housing board colony,

B. Camp, Kurnool.                                                                   . . . Opposite party

O R D E R

(As per Smt C.Preethi, Member)

1. This CD complaint of the complainant is filed under section 11&12 of C.P. Act seeking a direction on the opposite party to pay him chit amount of RS.50,000/- vide chit Ref. No. ST/1A/7 with 18percent interest per annum from the date of closure of the chit till realization, RS.20,000/- towards mental agony, cost of the complaint and any such other relief or reliefs which the complainant is entitle in the circumstances of the case.

2.       The brief facts of the complaint of the complainant are that the complainant joined on 6.7.2000 as subscriber / member with the opposite party chit fund vide chit No. ST/1A/7, value of the chit is RS.50, 000/- for 25 months having 25 members the complainant regularly paid the subscription amount up to 25 months till the completion of the chit but the opposite party did not enter the 24^th & 25^th installment amount in the pass book due to non-availability of pass book and the chit was closed by July, 2002.  The opposite party even after completion of chit did not pay the chit amount to the complainant without showing any reason.  On 12.9.2002 the complainant approached the registrar of chits and gave a complaint against the opposite party but the chit Registrar also has not taken any action against the opposite party. The opposite party in not paying the chit amount amounts to deficiency of service to the complainant.

3.       The complainant in support of his case relied on his pass book and got it marked as Ex A1 for its appreciation in this case beside to his sworn affidavit.

4.       In pursuance to the notice of this Forum of this case of the complainant the opposite party appeared in person and filed his written version admitting non-payment chit amount to the complainant as the other subscribers did not pay installments regularly.  It further submits that the complainant paid only 23 installments instead of 25 installments and he is entitled to RS.41, 000/- only and not RS.50, 000/- as claimed by the complainant and seeks one month time to settle the amount to the complainant.  The opposite party did not file any documents.

5.       Hence the point for consideration is to what relief the complainant is entitled to:?-

6.       The contention of the complainant is that he paid 25 installments of RS.2, 000/- per month to the opposite party chit fund vide chit No. ST/1A/7, the opposite party did not enter 24 & 25 installment in the passbook and alleges non payment of chit amount of RS.50, 000/- even after the closure of the chit.  The opposite party contention is that the complainant paid 23 installments only and he is entitled to a sum of RS.41, 000/- but did not place any cogent material as how he reached to the figure RS.41, 000/-.  The entries in Ex A.1 pass book shows that the complainant paid 23 installments out of 25 installments. Therefore the complainant is remaining entitled to 23 installments amount and the monthly subscription amount is RS.2, 000/- hence the opposite party has to pay RS. 2,000/-X 23= 46,000/-.

7.       The opposite party in his written version admitting his liability towards the complainant further admits complainant paying 23 installments and takes lame excuses for non payment of chit amount, which may be beyond the scope and control of the complainant and for no fault of the complainant, the complainant cannot be made to suffer and the opposite party cannot avade to make payment of the chit amount to the complainant to which the complainant is remaining perfectly justified.

1. To sum up the above discussions as the complainant paid 23 installments to the

opposite party and the opposite party making entries in pass book of the complainant i.e Ex.A.1 and opposite party admitting his liability for non payment of chit amount to the complainant, even after the completion of the chit, thus there remaining no bonafidies in the conduct of the opposite party.  Therefore the opposite party is liable to pay the chit amount of RS.46,000/- to the complainant and the opposite party avoiding conduct to pay chit amount amounts to deficiency of service on part of the opposite party to the complainant.

9.       In the result, the complaint is allowed directing the opposite party to pay to the complainant RS.46, 000/- chit amount with 9percent interest within one month from the date of receipt of this order for compliance along with RS.1, 000/- & 500/- as cost and compensation.  In default the opposite party shall pay the above awarded amount with 12percent interest from the date of default till realization.

Dictated to the Stenographer, Typed to the Dictation corrected by us, Pronounced in the Open Court this the 23^rd day of March, 2004

PRESIDENT

          MEMBR                                                                                   MEMBER