Andhra Pradesh

StateCommission

FA/103/09

M/S SHRIRAM CHIT FUND PVT.LTD. - Complainant(s)

Versus

MR.M.BALAKRISHNA RAO - Opp.Party(s)

M/S K.MAHESWARA RAO

11 Jan 2012

ORDER

 
First Appeal No. FA/103/09
(Arisen out of Order Dated 28/11/2008 in Case No. C.C.No.497/2008 of District Visakhapatnam-II)
 
1. M/S SHRIRAM CHIT FUND PVT.LTD.
REP.BY ITS AUTHORIZED SIGNATORY, NO.44, SAROJINI DEVI ROAD, SECUNDERABAD.
Andhra Pradesh
2. M/S SHRIRAM CHIT FUND PVT.LTD. REP.BY ITS DIVISIONAL MANAGER
THE BRANCH MANAGER, BASHEERBAGH MAIN ROAD,
HYDERABAD-29
ANDHRA PRADESH
...........Appellant(s)
Versus
1. MR.M.BALAKRISHNA RAO
R/O H.NO.12-2-12/4, ASIFNAGAR, HYDERABAD.
Andhra Pradesh
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. SRI R. LAXMI NARASIMHA RAO PRESIDING MEMBER
 HON'ABLE MR. T.Ashok Kumar MEMBER
 
PRESENT:
 
ORDER

A. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION : ATHYDERABAD

 

FA 103/2009Hyderabad.

 

 

Between :

 

1.           Shriram Chit Fund (P) Ltd

Rep. by its Authorized Signatory

No. 44,Sarojini Devi Road, Secunderabad

Rep. by its Divisional Manager.

 

2.           The Branch Manager,

Shriram Chit Fund (P) Ltd

Basheerbagh, II Branch

RubyPlaza, H. No. 3-6-343 & 344, 3rdBasheerbagh,Main Road, Hydeabad – 29… 

 

And

 

M. Balakrishna rao, s/o late M. Balaveeraiah,

Aged about 50 years, Occ : Business,

R/o H.No. 12-2-12/4, Asifnagar,Hyderabad  

 

 

 

Counsel for the Appellants           

 

Counsel for the Respondent 

 

 

 

Coram          

 

And

                                             

 

Friday, the Eleventh Day of January

Two Thousand Twelve

 

         

 

****

 

 

 

        

 

2.           The brief facts of the complaint 

 

The complainant became subscriber of the chit bearing No. 3391/BXYZ4/82004/35        

 

3.           OPs appeared through counsel and    a notice dt. 29.5.2008 to the complainant to take steps to offer acceptable surety so as to withdraw the prize amount. A second notice dt. 19.6.2008 was also issued in the said context but there is no response from him. 

 

           

      

 

 

 

6.             

 

 

7.           

 

8.   Now the point for consideration is whether the order of the District Forum is sustainable ?

There is no dispute that became subscriber of the chit described in the complaint with the Ops     rd or if it consists of building th value exceeds by ½ the amount due from the prized subscriber.     When the foreman of the chit is a trustee for all the subscribers of the chit naturally he has to take all precautions in releasing the prize amount in favour of one subscriber and ensure payment of future subscriptions by the prized subscriber and it appears that in the instant case the foreman of the Chit Fund Company has acted in according with provisions of the Act and insisted the complainant to furnish security to his satisfaction for release of the amount and therefore we cannot find fault with him in not releasing the amount to the complainant. There is no deficiency in service on the part of the OPs and therefore the order of the District Forum is not sustainable.

 

9.        

 

 

 

                                                                                    

                                                                                              

                                                                                   

 

 

 
 
[HONABLE MR. SRI R. LAXMI NARASIMHA RAO]
PRESIDING MEMBER
 
[HON'ABLE MR. T.Ashok Kumar]
MEMBER

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