BEFORE THE HYDERABAD

F.A.No.1682 OF 2008 AGAINST C.D.No.08 OF 2006 DISTRICT FORUM NIZAMABAD

Between:

1.                  Opp. Hotel Kapila
       , Nizamabad

2.                         LibertyPlaza, Basheerbagh
                                                      

A N D

1.                                                            2.         

Counsel for the Appellant            

Counsel for the Respondent No.1  Counsel for the Respondent No.2   

AND

SRI R.LAKSHMINARASIMHA RAO, HON’BLE MEMBER

.

MONDAY, THE SEVENTEENTH 

TWO THOUSAND ELEVEN

Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)

                                       1.    

2.      complainant joined as a member in the chit group namely SP35FN/25 `5 lakhs. `20,000/- per month and the chit period is 25 months.  `33,010/-. `4,66,990/- towards prize money and the opposite parties failed to pay the amount.  `4,02,260/- towards part payment of the prize amount and promised to pay the balance amount of`64,730/- subsequently on realization of the cheques.   

3.    `20,000/-.  `10,000/- was received by the son of the complainant who passed the receipt.  `2,17,717/- and they have to pay`1,84,543/-.

4.    `2,50,000/- as security for the chit value of`5 lakh.  

5.     

6.    `4,66,990/- with interest @ 12% per annum besides`10,000/- towards damages and`10,000/- towards costs.  

7.    `1,66,293/- remained to be paid to the complainant.  

8.    

1)                                       Whether there was any deficiency in service on the part of the opposite parties?

2)                                       To what relief?

9.           st`20,000/- and he was allotted ticket bearing No.SP35FN/25. `20,000/- per month as per the chit agreement.  `33,010/-. `4,66,990/- by 27.6.2003. `25,000/- for a total amount of`4,02,260/- towards payment of the prize money.   `2 lakh on promise of the complainant that he would return the cheques. 

10.    `30,000/-,`38,577/-,`10,000/-,`1,00,000/-,`19,140/- and`20,000/- on different dates under the cash vouchers marked as Exs.B5 to B10.    `2,07,717/-. 

11.    `10,000/- mentioned in the cash voucher was received by the family member of the complainant. We are unable to accept the contention. The complainant has received the amount of`2,07,717/- towards part of prize amount. The opposite parties no.1 and 2 had admitted that they have to still pay an amount of`1,66,293/-. `1,94,543/-. `18,250/- which was paid towards interest on late payment under Ex.B4 was mistakenly added as due amount.  `1,94,543/- plus`10,000/- under Ex.B7 would accumulate to`2,04,543/- 

12.        

13.     `2,04,543/- with interest @ 9% per annum from 30.10.2003 i.e., the date mentioned in the last post dated cheque that was issued in discharge of payment of prize amount.  `4,66,990/- to`2,04,543/- and interest from 12% to 9% per annum, the damages from`10,000/- to`5,000/- and costs,`10,000/- to`2,000/-. 

In the result the appeal is allowed.  `2,04,543/- with interest @ 9% per annum from 30.10.2003 and`5,000/- towards damages together with costs of`2000/-.      

KMK*