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 22^nd day of September,2003

C.D.No.01/2003

G.Thidupalu,

Near I.T.C.Factory,

NH. 7 Road, Kallur,

Kurnool Dist.                                                                          . . . Complainant represented by his

                                                                                                      Counsel Sri P.Siva Sudarshan

                    -Vs-

Manager,

M/S.Agraseni Chit Funds Pvt. Ltd.,

40-301-7-F, Upstairs,

Opp. Hotel Balaji,

Bellary Road,

Kurnool.                                                                                  . . . Opposite party represented by his

                                                                                                      Counsel Sri B.Venkata Rangaiah

O R D E R

This consumer dispute of the complainant is filed under section 11 and 12 of C.P.Act, 1986 seeking a direction on the opposite party to pay the balance chit amount of RS.20, 974/- with 18percent interest per annum from 21.12.2002, 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.

            The gist of the complaint of the complainant is that the complainant joined on 28.11.2000  with the opposite party chit fund Company as subscriber/member bearing chit No.L.T.10 BK for the chit amount of RS.50, 000/-  and the chit period is for 50 months.  The complainant paid  regularly the monthly subscription amount up to 24 months. In the 24^th month the complainant participated in open auction and was successful bidder and agreed to for go RS. 13,600/- (including company commission) and therefore the complainant is entitled to RS.36, 400/- the bid amount, as per rules of the opposite party the complainant furnished guarantors to release the bid amount, but the complainant received a cheque of RS.11, 320/- dt 21.12.2002 instead of RS.36,400/-.  On requesting the opposite party for balance bid amount the opposite party furnished the particulars of accounts i.e RS.4, 106/- deducted for 24^th to 28^th on the complainant s subscription chit amount and RS.20,974/- for chit No. L 71 5 CK/ 42 belonging to G.Sreenivasulu, who is one of the surety to the complainant, as he was defaulter in payment of his subscription chit amount, so the opposite party deducted the said bid amount which is unlawful and unreasonable.  Hence dragged the complainant for redressal in the Forum.

            The complainant in support of his case filed the following documents Viz (1) pass book (2) receipt NO.81118 dt 21.12.2002 issued by the opposite party for RS.4, 106/- and (3) receipt No.81118 for RS.20,974/- issued by the opposite party.  The complainant in support of the above documents filed his sworn affidavit in-reiteration of his complaint averments, hence the above documents are marked as Ex A.1 to ExA.3 for their appreciation in this case.

            In pursuance to the notice of this Forum to this case the opposite party appeared and filed its written version in defence and questions the maintainability of the complaint either in law or in facts, specifically admitting the complainant joined as a member in the opposite party chit fund company and was a successful bidder and denies the deduction of dues of G.Sreenivasulu from the complainant bid amount as un| awful and unreasonable.

            In further submits that the G.Sreenivasulu is none other than the complainants son, who was also a member in the opposite party chit fund company and was also a successful bidder, but he was a defaulter to the opposite party company so the opposite party has requested the complainant ti adjust the amount to his son G.Sreenivasulu chit amount as he was a defaulter.  There after complainant gave a letter to the opposite party accepting the  said request.

            Therefore there is no deficiency of service on part of the opposite party as the said deduction of amount was done with the concent of the complainant and seeks the dismissal of complaint with costs.  The opposite party filed its sworn affidavit in support of its written version.

            Hence the point for consideration is whether the complainant has made out any deficiency of service on the opposite party there by his entitleness to the reliefs sought:-

            The complainant filed a part satisfaction memo after receiving the balance chit bid amount from the opposite party through cheque on 30.6.2003 for RS 17,535/-pending juris of this case.  Hence the case is proceeded only for cost and compensation.

            As the opposite party paid the balance bid amount accepting their liability towards the complainant, pending juries of this case, there is no need to go into the merits of the case.  Their appears no much difficulty in holding the opposite parties liable for their defective conduct and deficiency of service in not paying the full bid amount to the complainant after he was successful bidder.  Hence the complainant is remaining entitled to the costs and compensation in this case.

            Therefore the complaint is allowed ordering the opposite party to pay interest at the rate of 12percent per annum on RS.17,535/- from 21.12.2002 till 30.6.2003 and costs of RS.1,000/- to the complainant within one month of the receipt of this order in default the opposite party is liable to pay supra awarded amount with 18percent interest per annum till realization.

            Dictated to the Stenographer, Typed to the Dictation corrected by us, Pronounced in the Open Court this the 22^nd day of September, 2003

                                                                        PRESIDENT

    MEMBER                                                                                                                  MEMBER