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., Member
Monday the 24 day of May, 2004
C.D.No.119/2003
K. Surendra Reddy,
S/o. K.Venkata Reddy,
H.No.46/89/6,
Nagendra Reddy Colony,
Kurnool, Kurnool Dist. . . . Complainant represented by his
Counsel Sri P.Siva Sudharsan
-Vs-
Foremen,
M/s. Dhanakrupa Chit Funds Pvt. Ltd,
Shop No.28 , Woodlands compound,
Kurnool. . . . Opposite party represented by his
Counsel Sri S.V. Krishna Reddy
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 1986 seeking a direction on the opposite party to pay Chit amount vide chit No. LT 1 BQ-13 RS.94,000/- and chit amount vide chit No. LT2 DQ-44 RS.46,900/- with 18% from the date of lifting of chit till realization, RS.20,000/- towards mental agony, cost of the complaint and any such other relief or reliefs which the complainant is entitled in the exigencies of the case.
2. The brief facts of the complainants case is that the complainant on 9.1.1999 joined as a member/subscribe with the opposite party Chit Fund Company vide chit No. LT2 DQ-44, total value of the chit amount is RS.50, 000/-, having 50 members for 50 months. The complainant paid subscription amount regularly upto 43 months and lifted the chit in 49th month for RS.46,900/-. On 24.6.2000 the complainant joined as member/ subscriber in another chit vide chit No. LT1 BQ-13 of the opposite party, total value of the chit is RS.1, 00,000/-, having 50 members for 50 months and regularly paid chit amount up to 46 months and lifted the chit amount in 46 months for RS.94,000/-. Even after completion of both the chits the opposite party have not paid the bid amounts to the complainant. The opposite party in not paying the chit amount is amounting to deficiency of service to the complainant.
3. In substantiation of his case the complainant’s side relied on the following documents Viz (1) ledger sheet of Dhanakrupa Chit Fund (P) Ltd regarding installment payments of the complainant forchit No. LT2 DQ-44 and (2) Ledger Sheet of Dhanakrupa Chit Fund (p) Ltd regarding installment payments of the complainant for chit No. Lt1 BQ-13, the supra documents are marked as Ex A.1 and A.2 for its appreciation in this case, besides to his sworn-affidavit in-reiteration his complaint averments.
4. In pursuance of notice of this forum of this case of the complainant, the opposite party made its appearance through its counsel and filed its written version denying the facts made in the complaint as not maintainable either in Law or on facts. It admits the complainant joined as subscriber/ member to chits worth of RS.50, 000/- and 1,00,000/- respectively and denies lifting of chits by the complainant. It further submits that as the complainant paid 43 installments and remained defaulter for the chit worth of RS.50, 000/-. As he became defaulter, his chit was terminated and he remaining entitled to the actual amount paid value only after deducting company’s commission, i.e RS.26, 767/-.
5. It further submits that with regard to RS.1, 000,00/- chit the complainant received RS.24, 900/- on different dates i.e RS.14,000/- +6,000/-+2,400+2,500/- respectively on 23.1.2003, 14.2.2003, 27.3.2003 and 29.3.2003 respectively from the opposite party and failure installment due of RS.8,000/- and the complainant was due RS.30,000/- which the complainant endorsed in the ledger book maintained by the opposite party. Hence the complainant is entitled to balance amount of i.e Rs.95,000/- minus RS.62,900/- = 32,100/- from the opposite party and the opposite party is ready to pay the same.
6. In substantiation of his case the opposite party filed his sworn affidavit in reiteration of his written version as evidence and did not file any documents.
7. Hence the point for consideration to what relief the complainant is remaining entitled to:-
8. The complainant alleges that he joined vide chit No1 (1) LT 1 BQ-13, (2) LT2 DQ-44 respectively with opposite party and chit value was RS.50,000/- and RS.1,00,000/- respectively. He alleges deficiency of service on part of the opposite party for non payment of bid amount after lifting of his two chits and making necessary non payed chit installment deductions to the said prized amounts of his two chits.
9. The entries in Ex A.1 ledger copy of the complainant issued by opposite party envisages that the complainant paid 43 installments out of 50 installment in Chit Ref No. LT2 DQ-44 and the entries in Ex A.2 ledger copy of the complainant issued by opposite party envisages that the complainant paid 46 installments out of 50 installment in Chit Ref No. LT1 BQ-13, what remains established is that the complainant paid installments regularly up to lifting of the chit but the opposite party evaded to pay the bid amount to the complainant and taking lame excuses for non payment of bid amount, hence there appears every bonafides of the complainant in his hesitation on the said grievance and deficiency of service on the side of the opposite party in that regard.
10. The complainant alleges that he did not receive any amount from the opposite party in lieu of bid amounts, but as against to it, the written version of the opposite party in its averments alleges that he paid RS.24, 900/- to the complainant on various dates, but did not place any cogent substance in support of the supra stated contentions. The statement of the opposite party in the written version averments on this aspects not only remains highly in consistence, but also there by un trust worthy and as causing any bonafides of the opposite party in that regard. Therefore what follows is that the opposite party after lifting of chit amount by the complainant did not made any endeavour to pay the bid amount to the complainant. From the facts born in exhibits A1. & A2 it is clear that the complainant paid 43 and 46 installments respectively and the opposite party did not place any payment particulars regarding payment of bid amount which itself is deficiency of service of the opposite party.
11. The complainant in support of its case relied on the following citation reported in II (2003) CPJ 153 (NC) in case of Ranbir Singh and Another Vs T.R.David, where in it was held that when the complainant became highest bidder in auction and part payment is made and it the residuary balance amount is not paid by the opposite party, it amounts to deficiency of service to the complainant.
- Hence in the circumstances discussed above and relying on the supra decision, there is clear deficiency of service of the opposite party in not paying the bid amount and not bothering to settle the claim as agreed between the parties. Moreover the opposite party accepted its liability towards the complainant by paying part bid amount, of RS.60,000/- to the complainant. The bid amount in two chits totaling to RS.94, 000/- + RS.46,900/- = RS.1,40,900/-. The complainant filed four part satisfaction memos totaling RS.60, 000/- and the same is recorded, hence the complainant is remaining entitled to the balance amount of two chits i.e RS.1,40,900/- minus 60,000/- = RS.80,900/-. Hence the opposite party is liable to pay RS.80, 900/- to the complainant after deducting the amounts due installments under two chits, i.e seven installments under chit Ref No. LT 2 DQ –44 and four installments under chit Ref No. LT1 BQ-13.
- Therefore in the result the complaint is allowed directing the opposite party to pay to the complainant RS.80,900/- with 9% from the date of complaint till realization after deducting the amounts of supra states due installments under two chits along with costs of RS.3,000/- towards costs of this litigation within a month of the receipt of this order.
Dictated to the Stenographer, Typed to the dictation corrected by us, Pronounced in the Open Court this the 24th day of May, 2004.
PRESIDENT
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex A.1 Ledger Sheet of Dhanakrupa Chit Funds (P) Ltd regarding to K.Surendra Reddy with chit Ref = LT2 DQ=44.
Ex A.2 Ledger Sheet of Dhanakrupa Chit Funds with regard to Chit LT1 BQ = 13 of K. Surendra Reddy.
List of Exhibits Marked for the opposite party = Nil
PRESIDENT
MEMBER MEMBER
