The case of complainant is as follows:

 

            The complainant is a subscriber of 16^th day quarterly kuri conducted by the respondents vide ticket No.83 and Kuri No.12. Complainant had paid instalments regularly by issuing cheques of his wife and also by direct cash payment. The complainant was a subscriber only by the instigation of an Advocate Clerk who is one of the share holder of the company and he kept the pass book of complainant. While so the complainant accepted Exhibit P1 letter and it was stated that the kuri subscribed by the complainant was prized at the draw held on 16/10/03 but was forfeited due to nonpayment of kuri instalment. So Exhibit P2 lawyer notice was issued. He was also sent another notice regarding the prized amount but it was not paid. Hence this complaint.

            2. The counter is as follows: 

The complainant is not entitled to get the prize amount of Rs.1,25,000/- as the prized value of kuri ticket as demanded in the complaint. It is submitted that complainant was a subscriber to the 16^th day quarterly kuri vide statement No.83 conducted from the Faridabad branch of the respondent company.  Complainant had paid instalments by way of issuing cheques till its 7^th instalment to be on 16^th October 2002 and thereafter consecutively defaulted the instalment payments started from 16^th January 2003. As on 16/10/2003 there were four defaulted instalment payments and complainant has not made any efforts to make instalment payments in due times. The ticket No.83, drawn on 16/10/03 had become a forfeited ticket since there were four consecutive defaulted instalment payments as on that date. As per the terms of kuri varyola and prevailing

Chit laws forfeiture of a kuri ticket takes place in the case of 3 consecutive defaulted payments of instalments and in the case of a forfeited ticket the concerned subscriber shall loss all the benefits of dividends accrued and the number comprising the ticket shall continue to remain in the lot, which when drawn in any of the subsequent drawings entitled the defaulter to receive the actual amount subscribed by him exclusive of all dividends less the foreman commission. Complainant’s ticket No.83 drawn on 16/10/03 became a forfeited ticket and hence he is not entitled to get the prize amount of the said kuri. Complainant is entitled to get only an amount of Rs.5442/- from this respondent, the actual amount paid by him after lessing the foreman commission and dividends. This respondent could not make the payment of said amount since the complainant was declined to receive the said amount. Hence dismiss. 

 

            3. The points for consideration are:

1) Is there any deficiency in service?

2) If so reliefs and costs ?

 

            4. The evidence consists of Exhibits P1 to P7 and Exhibits R1 to R3.

            5.Points : The complaint is filed to get the prized amount at the draw conducted by the respondents.

 

            6. The case of the complainant in brief is that he being a subscriber of 16^th day quarterly kuri conducted by the respondents regularly remitted the instalments by way of cheques in the name of his wife and also by cash and the kuri subscribed by him was prized at the draw held on 16/10/03, but was forfeited by the respondents and declined to give the prized amount. According to the complainant he is entitled to get the prized amount with interest and the non-payment of the prized money amounts to deficiency in service on the part of respondents.

 

7. In the counter the respondents stated that the complainant is not entitled to get the prized amount since the kuri was forfeited. There are four consecutive defaulted instalment payments. So the prized amount was forfeited. So the only question to be decided is whether the complainant is entitled to get the prized amount. As per Exhibit P1 notice the respondents intimated the complainant about the draw. But in the P1 notice it is also stated that the kuri became forfeited at the last draw conducted on 16/10/03. According to the respondents the kuri was prized to the complainant on the draw conducted on 16/10/03. But they refused to pay the prized amount due to four consecutive defaulted instalment payments. Then the question arises that if there were defaults why they included the ticket number of complainant in the draw? If there were defaults the respondents can not include the defaulted kuri tickets in the draw. This is an unfair practice of companies. They are putting the defaulted kuri tickets in the draw and are refusing the payment if the defaulter prized the kuri. These practices should not be encouraged. If there are defaults those tickets must be excluded from the draw. After prizing the respondents can not waive from the liability. So the complainant is entitled to get the prized amount.

 

            8. According to the complainant the pass book is with a shareholder who is an Advocate Clerk also. The complainant states that he has no defaults in the payments. So he is entitled to get the prized amount. At the same time respondents are stated that there are defaults of four instalments consecutively. But they did not produce any document to prove this fact and the pass book also not produced. They not even disputed the fact of possession of pass book by one of the shareholders. The definite case of respondents is that due to defaults the kuri is forfeited and the complainant is not entitled for prized amount. But they did not produce any document to prove it.  So the respondents are liable to pay the prized amount since the complainant prized the kuri.   The nonpayment of the prized amount by stating forfeiture is a service deficiency and unfair trade practice. So the complainant is entitled to get the prized amount. There is no dispute with regard to the quantum of prized amount payable to the complainant. So the complainant is entitled for Rs.1,25,000/-.

 

             9.In the result complaint is allowed and the respondents are directed to pay an amount of Rs.1,25,000/- (Rupees One lakh twenty five thousand only) towards the prized kuri amount with 12% interest from 16/10/03 till realization with cost Rs.1000/- (Rupees One thousand only) within one month.