BEFORE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD

F.A.No.293 

Between:

                                       The Branch Manager,
M/s

Mr.Asi R/o                                                   Counsel for the Appellant             Counsel for the Respondent                                                       

QUORUM:  

 TUESDAY THE

Oral Order (As per Sri                                        

1.            `17,596/- with interest @12% p.a. and`3,000/- towards compensation and`3,000/- towards costs.

2.    The respondent  `3,00,000/-   `5,000/-    `6,000/-.. The respondent contended that he contributed for 45 months an amount of`2`1`1,37,210/- and retained an amount of`47,596/- for depositing for one year. The respondent was due chit installments from November`30,000/- from the deposited amount of`47,596/- and pay the remaining amount of`17,596/-. As the appellant had not acceded to his request, the respondent got issued notice on 23.02.2010 and filed the complaint.

3.            `40,000/- from out of the prize money and subsequently the respondent had been irregular in paying the monthly subscription. `40,000/- from 25^thndrd`34,790/-. 

4.    The Branch Manager of the appellant company had filed his affidavit and the documents, ExB1 to B5.

5.            `2,70,000/-. `47,596/`30,000/- equal to`17,596/-.

6.            Aggrieved by the order of the District Forum, the opposite party has filed appeal contending that the District Forum had not considered the evidence in correct perspective and that the District Forum failed to consider that the respondent had not paid 25^th`34,790/-.

7.            

1. Whether theopposite party has rendered deficient

2.

8.            :   `3`6,000/- payable in 50 months. It is not disputed that the respondent had been irregular in payment of the monthly subscriptions. The respondent participated in auction conducted on 28.04.2007 and having agreed to forego an amount of`1 

9.            `40,000/- from the prize money and adjust the deposit amount to the chit installments in case he became defaulter. The contention of the appellant-chit fund company that in view of the respondent’s payment pattern not being good he was requested to execute undertaking for adjusting the deposit amount on his failure to pay the chit installments regularly appears to have no force in the light of the payment history as seen from the pass book and statement of account till the time of auction. 

10.           thrd

The authorization letter speaks of deposit of`40,000/- with the appellant-chit fund company and photo copy of the deposit receipt indicates the deposit made with

11.           nd`40,000/- towards the chit`17,596/- for which he is entitled in case he paid the 25^thndthndrd`40,000/-.. As the deposit was cancelled before its date of maturity the respondent cannot be heard to say that he is entitled to the amount on maturity of`47,956/-.

12.   `17,596/- and interest

13.   `17,596/- and interest thereon and confirming the rest of the reliefs in regard to compensation and costs. In the circumstances of the case, there shall be no order as to costs in the appeal. 

                                                                                                                                                                                                                      MEMBER

కె.ఎం.కె*