The complainant is a chit subscriber of respondent firm and paid the entire instalments of the chit. It was started on 9.5.2000 and terminated on 9.4.05. The amount with interest is not returned to the complainant even after several requests. The respondents are not entitled for the foreman commission because they were failed to release the entire amount. The non-payment of the amount even after the termination of the kuri is deficiency in service on the part of respondents. Hence the complaint.

 

            2. In the counter the respondents stated that the complainant paid only 57 instalments and she left three instalments as unpaid. So she is a defaulter.  A defaulter will not get any past, present and future dividends accrued by auctions. The foreman commission has to be deducted from the actual amount paid. Foreman commission is Rs.1200/-. The complaint is time barred. The complainant cannot claim more than 6% interest on any count.   The complainant has no legal right to claim a time barred debt. Hence dismiss the complaint.

 

            3. The points for consideration are:-

 

(1)   Is there any deficiency in service?

(2)   If so, reliefs and costs.

 

            4. The evidence consists of Ext. P1 only. No evidence is adduced by the respondents.

 

            5. Points: The complaint is filed to get back the remitted amount in the chit with interest. According to the complainant, she is entitled to get Rs.24,000/- along with 12% interest. She produced Ext. P1 passbook. Ext. P1 passbook would show the remittances made by her. The complainant stated that she had paid the entire amount. But the respondent stated that only 57 instalments were paid by the complainant and 3 instalments are remained unpaid. The passbook would show that the entire amount is paid by the complainant. No other serious contention is raised by the respondents and they stated in the counter that the foreman commission has to be deducted from the actual amount paid. But they are not entitled for the foreman commission since there is non-payment of the amount even after the termination of the chit. Since there is no serious contention a detailed discussion is not necessary.

 

            6. In the result, the complaint is allowed and the respondents are directed to return Rs.24,000/- (Rupees twenty four thousand only) with interest at the rate of 9% per annum from 15.4.05 till realization with costs Rs.500/- (Rupees five hundred only) to the complainant within two months from the date of receipt of copy of this order.