Andhra Pradesh

Visakhapatnam-II

CC/130/2014

Kaki Ajay Kumar - Complainant(s)

Versus

Kapil Chit funds private limited - Opp.Party(s)

P Appanna

10 Jul 2015

ORDER

                                              Date of Registration of the Complaint:30-05-2014 

                                                                                                Date of Order:10-07-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                                VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao, M.A., B.L.,

                                     Male Member

 

                              Friday, the 10^th day of July, 2015.

                             CONSUMER CASE No.130/2014

Between:-

Kaki Ajay Kumar, S/o Sanyasi Rao, Hindu, aged

30 years, R/at B-155, Scindia Old Colony,

Gandhigram , Visakhapatnam-5.

                                                                                                     ….. Complainant

And:-

Kapil Chit Funds Pvt. Ltd., represented by its

Branch Manager, Dondaparthy Branch ,

Flat No.243, first Floor, AVR Enclave,

Dondaparthy Road, Visakhapatnam.

                                                                                          …  Opposite Party

                     

This case coming on 01.07.2015 for final hearing before us in the presence of Sri P. Appanna & Sri S.K. Safi, Advocates for the Complainant and  Sri P. Ravi Kiran, Advocate for the Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

 

1.       The case of the Complainant in brief is that the Complainant joined as a member in the Chit Ticket bearing No.VITO4E-29 and the chit value of Rs.50,000/- to be subscribed in 50 monthly installments @ Rs.1,000/- per month on April, 2006 and a Chit agreement was entered between parties.   The Complainant paid installments regularly to the Opposite Party till 16.12.2006.   The Complainant approached the Opposite Party and stated that he is not able to pay installments as the Complainant’s apprenticeship is ceased in Hindus on various dates i.e., on 3.4.2006 to 16.12.2006 the Opposite Party expressed his in ability to pay the amount on the pretext that the chit was closed in November 2009 and requested the Complainant to wait till closure of the chit.     Inspite of many requests made by the Complainant, the Opposite Party did not refund the amount as paid by the Complainant.   Then the Complainant issued a legal notice dated 8.9.2011 was received by the Opposite Party on 12.09.2011 but did not sent any reply nor the amount to the Complainant.   Hence, this Complaint.

2.       a) To refund the amount of Rs.16,000/- (Rupees Sixteen thousand only) with interest @ 24% p.a. from the date of last payment of the installment i.e., on 16.12.2006 till realization;

          b) To pay Rs.5,000/- towards compensation for mental agony, hardship and inconvenience suffered by the Complainant;

          c) To pay costs of Rs.1,000/- (Rupees One thousand only);

          d) To pass such other relief or reliefs as the Forum may deem fit and proper in the circumstances of the case.

         

3.       The Opposite Party strongly resisted the claim of the Complainant by contending, as can be seen from its counter.   As per the agreement that the Opposite Party paid Rs.8,342/- to the Complainant after deducting company commission and damages.   The Opposite Party stated that the Complainant is entitled an amount of Rs.8,342/- and the amount was deposited into this Forum on 31.10.2014.   So, they have no liability to pay any reliefs asked by the Complainant.  

 

4.       At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions.   Exs.A1 to A4 and are marked for the Complainant.   No documents are marked for the Opposite Party    Heard both sides.

 

5.       Ex.A1 is the original copy of Account Statement issued by the Opposite Party dated 25.09.2005.   Ex.A2 is the office copy of Registered Lawyer’s Notice issued by the Complainant’s counsel to the Opposite Party dated 08.09.2011.   Ex.A3 is the original Postal Acknowledgement from the Opposite Party dated 12.09.2011.   Ex.A4 is the original Bunch of notices (10) numbers sent by the Opposite Party to the Complainant.

 

6)      The fact shown from Ex.A1 reveals that the Complainant paid 16 monthly installments @ Rs.1,000/- to the Opposite Party regularly.   After that he expressed his inability to pay further subscriptions and requested the Opposite Party to return the said amount.

 

 

7.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Party.   Whether the Complainant is entitled to any reliefs asked for?

 

 

8.         After careful perusal of the case record, this Forum finds that the Opposite Party has to pay an amount of Rs.13,500/- to the Complainant.   After filing of this complaint the Opposite Party filed a cheque for Rs.8,342/- dated 05.09.2014 after completion of the chit, a chit was closed in the year, 2009.   As per their pleadings in the counter the Opposite Party stated that they will be filed detailed calculations memo, but they failed to do so.   Though the Complainant paid regular installment and requested the Opposite Party to refund the amount as paid by him because he is unable to pay future subscription, but the Opposite Party paid in deaf ear.   Though the chit was closed in the year, 2009, after receiving the legal notice also dated 8.9.2011 the Opposite Party kept silent.   As per their contract the foreman commission is deducted from the chit amount paid by the Complainant.    As per Chit Fund Act the commission of foreman is not exceeding 5% of the chit amount.   So, the Complainant is entitled Rs.13,500/- (Rs.16,000/- - Rs.2,500/- =Rs.13,500/-).   The Opposite Party failed to pay the paid up amount to the Complainant till now.   It amounts to deficiency in service coupled with unfair trade practice on the part of the Opposite Party.   Hence, the Complainant is entitled to Rs.13,500/- with interest, some compensation and costs too.

 

9.       In the result, this complaint is allowed directing the Opposite Party:  a) to pay an amount of Rs.13,500/- (Rupees Thirteen thousand and five hundred only)  (Rs.16,000/- - Rs.2,500/- = Rs.13,500/-) with interest @ 9% p.a. from 01.12.2009 to till the date of actual realization, b) a compensation of Rs.5,000/- (Rupees Five thousand only) and c) Costs of Rs.1,000/- (Rupees One thousand only) to the Complainant.   Time for compliance, one month from the date of this order.

 

 

 

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 10^th day of July, 2015.        

             

Sd/-                                      Sd/-                                        Sd/-

President                              Male Member                      Lady Member

                                     

 

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	25.09.2005	Account Statement issued by the OP	Original
Ex.A02	08.09.2011	Regd. Lawyer’s Notice issued by the Complainant’s counsel to the  OP	Office copy
Ex.A03	12.09.2011	Postal Acknowledgement from the OP	Original
Ex.A04		Bunch of Notices (10) numbers sent by the OP to the Complainant	Original

For the Opposite Party:-               

                                                -Nil-   

 

Sd/-                                   Sd/-                                              Sd/-

President                          Male Member                                Lady Member