FA.No.1652/2005 against CD.No.29/2005 District Consumer Forum,

Between-

Vaka

R/Prakasam District.

…Appellant/Complainant.

And

Margadarsi Chit Fund Limited,

Rep. by its Branch Manager,

Dr.Venkata

1^st 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

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            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 she subscribed to a chit of the value of Rs.2  In all, she paid four   Apart from this, she also paid Rs.125/- towards E.C. charges, Rs.30/- towards incidental charges and Rs.200/- towards penalty, totaling to Rs.16  She also subscribed to another chit of the value of Rs.1  In all, she paid five   However, she could not pay the same.  Though she requested the Manager to permit her to pay the future   Since the opposite party wantonly deleted her name from the list of subscribers list and transferred the chit to a third party, she 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 in two chit groups.  She paid only four/    Later when she committed default, a registered notice was issued informing that her membership would be cancelled, in the event of failure to pay the arrears.  However, she did not pay any amount   Thereupon, they issued notice dated 14.12.2004 informing her 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.6, while the opposite parties filed Exs.B.1 to B.19.  The District Forum after considering the evidence placed on record dismissed the complaint with an observation that the complainant is entitled to receive Rs.3 

5.         Aggrieved by the said order, the complainant preferred this appeal contending that her name was deleted illegally from the subscription list.  She 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 two chit groups 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 her to pay the arrears- and on failure to pay the same, her 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 chits were transferred in the name of a third party.  This fact was admitted by the complainant in her very complaint.  She now alleges that the chit fund company has wantonly deleted her 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 she 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 her name could not have been removed from the list of subscribers.  We do not see any deficiency in service or irregularity 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 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.