BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri K.V.H.Prasad, B.A., LL.B.,  Honb’le President

And

Smt.C.Preethi,  M.A., L.L.B. Hon’ble Lady Member

Thursday the 18^th day of January, 2007

C.C.No.173/2006

Mr.s. P.Nagamani, W/o. J.S. Rambabu,

H.No.46/383 G, Budharwarpet, Kurnool, Kurnool district.                                

                             …Complainant

          -Vs-

Foreman, M/s. Subramanyeswara Chit Funds Pvt., Ltd.,

Kondaveedu Towers, 16^th Line, Arundalpet,  Guntur-2.                                      

                                      …Opposite party

          This complaint coming on this day for orders in the presence of           Sri. P.Siva Sudarshan Advocate, Kurnool for complainant, and  Opposite Party called absent set exparte and stood over for consideration till this day, the Forum made the following:-

ORDER

As per Sri. K.V.H. Prasad, Honb’le President

1.       This case of the complainant is for a  direction on the opposite party to pay him cumulative chit amount of Rs.60,000/- with interest at 18% from

30-09-2003 Rs.2000/- towards mental agony and costs of this case alleging deficiency of service on the part of the opposite party in not paying him the bid amount auction held in fifth month of the scheme of chit No.S.T.94L.k-18 commencing it from 30-09-2003 for a chit value of Rs. one lakh with a tenure of twenty five months for twenty five members  at a monthly premium of Rs.4,000/- from each member and ultimately closing  the chit fund office at Kurnool, without any lawful excuse to the mental agony and detrimental to the interest of the complainant .

2.       The opposite party inspite of issual of notice of this forum as to this case of the complainant did not choose to appear for contest either in person or through counsel and on the other hand remained absent and thereby exparte to the case proceedings.

3.       In substantiation of the contentions of the complaint averments the complainant laid the sworn affidavit in reiteration of his complaint averments and relied upon documentary material record marked in Ex.A1 to A2.

4.       Hence, the point for consideration is whether the complainant has made out any deficiency of service on the part of the opposite party to hold the later’s liability to the complainants claim.

5.       The Ex.A1 is the pass book said to have been issued in favour of the complainant for the chit number S.T.4LK-18 floated by the opposite party to which the complainant was taken as member. The perusal of the Ex.A1 indicates that that said chit value is Rs. one lakh in a duration of twenty five months at a monthly subscription of Rs.4,000/- to be payable at 5^th date of every month with date auction on the 4^th Sunday of every months in between 11-30 a.m. to 11-35 a.m. It also envisages the due acknowledgement of the monthly subscriptions received from the complainant by the said Chit fund company at the rate of Rs.4,000/- for fifteen months under various receipt numbers noted there in and the total amount so acknowledged there under was Rs.60,000/- by 16-11-2004.

1. The Ex.A2 is the certified copy of paper publication of eenadu kurnool version dt:18^th December, 2004. It envisages the closer of the opposite party chit fund company since 17^th December 2004 and its concerned going to underground  to secret themselves to defraud the chits subscribing members. The non appearance of the opposite party to the notice of this case lends corroboration to the circumstances envisaged in Ex.A2 .
2. From the Ex.A1 and A2 as the complainant appears to be a subscriber to the chit number S.T.4LK-18 for a value of Rs. one lakh at a monthly subscription of Rs.4,000/- for twenty five months and the entries in Ex.A1 indicates the payment of five monthly installments at the rate of Rs.4,000/- per month totaling for Rs.60,000/- by 16-11-2004 and the closer of said chit fund company of the opposite party is also made out vide Ex.A2 and the said closer appears to be without any lawful excuse, and reasonable cause except to defraud its creditors, the deficiency of the opposite party is remaining clearly  established in non-refunding at least the amount of Rs.60,000/- received from the complainant by the date of closer of its chit fund company and  also the fact of  said deficient conduct of the opposite party ensuing mental agony to the complainant.
3.   Hence, the case of the complaint is allowed directing the opposite party to refund Rs.60,000/- with 12% interest from 16-11-2004 i.e., the date of last deposit accruing the total deposit to Rs.60,000/-, and an amount of Rs.1,000/- towards mental agony and Rs.1,000/- as costs of this case as the opposite party by his deficient conduct driven the complainant to the forum for redressal of his grievances. Time granted to the opposite party for the compliance of the award is one month from the date of the receipt/notice  of this order.

Dictated to the Stenographer. Transcribed by him, corrected and pronounced in the Open bench on this the 18^th day of January, 2007.

MEMBER                                                                                           PRESIDENT

APPENDIX OF EVIDENCE

Witnesses Examined

For the Complainant: Nil                            For the Opposite Party : Nil

List of Exhibits marked for the complainant:-

Ex. A1 pass book of the complainant issued by O.P for his chit.

Ex.A2 Certified copy of the paper notiofication Dt:18-12-2004 of eenadu.

List of Exhibits marked for the opposite party:Nil

MEMBER                                                                                          PRESIDENT

Copy to:

1. Sri. P.Siva Sudarshan, Advocate, Kurnool.

2. Foreman,M/s. Subramanyeswara Chit Funds Pvt., Ltd.,

   Kondaveedu Towers,16^th Line, Arundalpet, Guntur-2.                                                               

Copy was made ready on:

Copy was dispatched on:

Copy was delivered to parties