BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION - AT HYDERABAD.FA.No.1653/2005 against CD.No.30/2005 District Consumer Forum,
Between-
Vaka
R/Prakasam District.
…Appellant/Complainant.
And
Margadarsi Chit Fund Limited,
Rep. by its Branch Manager,
Dr.Venkata
1st Floor, Kurnool Road,
Opp.RTC Bus Stand, …Respondent/
Counsel for the Appellant -
Counsel for the Respondent -
QUORUM- THE HON’BLE MR.JUSTICE D.APPA RAO, PRESIDENT,
AND
SRI G. BHOOPATHI REDDY, HON’BLE MALE MEMBER.
THURSDAY, THE TWENTY FOURTH DAY OF JULY,
TWO THOUSAND EIGHT.
Oral Order (Per
-------
None appears for the appellant.
1. This is an appeal preferred by the unsuccessful complainant
2. The case of the complainant in brief is that he subscribed to a chit of the value of Rs.2 In all, he paid four Apart from this, he also paid Rs.125/- towards E.C. charges, Rs.30/- towards incidental charges and Rs.200/- towards penalty, totaling to Rs.16 While so, on 11.11.2005 the opposite party issued a registered notice directing him to pay the However, he did not pay the same. Though he requested the Manager to permit him to pay the future Since the opposite party wantonly deleted his name from the list of subscribers list and transferred the chit to a third party, he filed the complaint seeking direction to the opposite party to pay the chit value together with interest, besides compensation and costs.
3. The opposite party resisted the complaint. However, it admitted that the complainant has joined as a subscriber and paid only four Later when he committed default, a registered notice was issued informing that his membership would be cancelled in the event of failure to pay the arrears. However, he did not pay any amount Thereupon, they issued notice dated 14.12.2004 informing him to pay 5 percent of the chit amount towards damages for breach of contract and that the incidental charges would be deducted from the
4. The complainant in proof of her case filed Exs.A.1 to A.4, while the opposite parties filed Exs.B.1 to B.12. The District Forum after considering the evidence placed on record dismissed the complaint with an observation that the complainant was entitled to receive Rs.1
5. Aggrieved by the said order, the complainant preferred this appeal contending that his name was deleted illegally from the subscription list. He was entitled to the amount deposited after deducting the commission, besides compensation.
6. It is an admitted fact that the complainant/appellant had joined in the chit group of respondent chit . As against Rs.2 It is also not in dispute that the very chit fund company in the first instance issued a notice directing him to pay the arrears- and on failure to pay the same, his name would be deleted from the subscribers list. Neither the complainant to the said notice, nor paid the arrears. It is not in dispute that the said chit was transferred in the name of a third party. This fact was admitted by the complainant in his very complaint. He now alleged that the chit fund has wantonly deleted his name in order to get 5 percent commission from the newly added subscriber. If that were to be true, they would not have given notice alleging that he has committed default in payment of future We may also state herein that the complainant did not issue any notice to the chit fund company asserting that his name could not have been removed from the list of subscribers. We do not see any deficiency in service on the part of the appellant chit fund company in this regard. Having committed default, the complainant cannot turn round and state that there is deficiency in service or irregularity on the part of the opposite party chit fund company. We do not see any irregularity either in appreciation of fact or law by the District Forum.
7. It is represented by the learned counsel for the respondent, the chit fund company that the amount which was ordered by the District Forum has already been deposited before the District Forum. The complainant can as well withdraw the amount. No other contention survives in the appeal.
8. In the result, the appeal is dismissed.
PRESIDENT MALE MEMBER
Dt-24.07.2008.
