BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, VELLORE DISTRICT AT VELLORE. PRESENT: THIRU. A. SAMPATH, B.A., B.L., PRESIDENT TMT. G. MALARVIZHI, B.E. MEMBER – I THIRU. K. DHAYALAMURTHI,B.SC. MEMBER – II CC. 10 / 2008 TUESDAY THE 25th DAY OF OCTOBER 2011. M. Selvam, S/o. Manickam, New Masjid Road, Malur, Kolar District, Pin Code 563 160, Previously resided at Velkkalanatham Village, Via Pudupet, Chunnabukkuttai Post, Tirupattur Taluk, Vellore District. … Complainant. - Vs – 1. M/s. Shriram Chits Tamil Nadu Private Limited, Rep. by its Director, 123, Angappa Naicken Street, Chennai 600 001. 2. The Branch Manager, M/s. Shriram Chits Tamil Nadu Pvt. Ltd., 85/1, Cutchery Street, II Floor, Tirupattur 635 601. … Opposite parties. . . . . This petition coming on for final hearing before us on 24.10.11 in the presence of Tmt. V.J. Nirmala, Advocate for the complainant and Thiru. V.P. Selvaraju, Advocate for the opposite parties 1 & 2 and having stood over for consideration till this day, the Forum made the following: O R D E R Pronounced by Thiru. A. Sampath, President of the District Consumer Disputes Redressal Forum, Vellore District. 1. The brief facts of the case of the complainant is as follows: The 1st opposite party is the Registered office and 2nd opposite party is the Branch Office. The complainant had subscribed to a chit with the 2nd opposite party in Group No.52704, Ticket No.43 through Agent Code No.Z 5067 on 1.1.03. The complainant had remitted entire chit amount regularly every month. At the time of returning the chit amount to complainant, the 2nd opposite party demanded surety of two Government staff’s pay slip. For one surety the complainant’s mother who is working as Teacher at Jolarpet had assigned and for another surety the complainant pledged his original LIC Policy No.701229493 for Rs.1 lakh. He had cleared the entire chit amount dues during January 2007 and the 2nd opposite party also endorsed in the Chit Pass Book that the amount Fully settled and there is no amount due to be payable by the complainant. Despite repeated demands, the 2nd opposite party has not returned the document i.e. original LIC policy for Rs.1/- lakh Policy No.701229493. The complainant put to mental agony and torture. Without submitting the original policy, the LIC authorities informed that the complainant cannot claim maturity amount. With regard to the return of document, he had already issued a legal notice dt. 20.6.07 to the 2nd opposite party by RPAD and the same was acknowledged by the 2nd opposite party and there is no reply, Again the complainant sent another legal notice to the opposite parties on 14.3.08 and there is no reply from the opposite parties till the date of filing of this complaint. The conduct of the opposite parties amounts to deficiency in service. Therefore the complainant prays this Forum for the directing the opposite parties to return the original LIC policy No.701229493 for Rs.1 lakh given as 2nd surety (or) to pay damages of the Policy amount of Rs.1/- lakh along with 18% interest from the date of this petition till the date of realization and to pay Rs.30,000/- towards mental agony and torture suffered by the complainant and also deficiency of service rendered by the opposite parties and Rs.2000/- towards cost of legal notice and Rs.5000/- towards cost of this proceedings. 2. The averments in the counter filed by the opposite parties are as follows: The opposite parties denies the entire allegations made in the complaint save those that are specifically admitted herein and the complainant is put to strict proof of the same. The opposite parties denies the allegation that the complainant submitted his original LIC policy. The complainant had submitted only the Xerox copy of the LIC policy and the original is not handed over to the opposite party. At any cost the complainant is having the right and liberty to get the duplicate copy of the LIC policy from the LIC itself and on maturity the complaint can very well get the insured amount on production of the duplicate LIC policy to the LIC. The opposite party is ready and willing to handover the duplicate copy of the LIC policy to the complainant provided the LIC comes forward to issue the duplicate copy to the opposite party on application by the opposite party. The opposite party prays this Forum to give a direction to the LIC to furnish the duplicate copy to the opposite party on application made by the opposite party. Hence it is not at all necessary and the opposite party is not liable to pay any amount much less Rs.one lakh with 18% interest and the damage of Rs.30,000/- and cost to the complainant. Hence this complaint may be dismissed with cost. 3. Now the points for consideration are: a) Whether there is any deficiency in service, on the part of the opposite parties? b) Whether the complainant is entitled to the reliefs asked for?. 4. Ex.A1 to Ex.A8 were marked on the side of the complainant and no documents were marked on the side of the opposite parties. Proof affidavit of the complainant and Proof affidavit of the opposite parties have been filed. No oral evidence let in by either side. 5. POINT NO. (a): The complainant contented that at the time of returning the chit amount, the 2nd opposite party demanded surety of two Government staff’s pay slip. For one surety the complainant’s mother who is working as Teacher at Jolarpet had assigned and for another surety the complainant pledged his original LIC police No.701229493 for Rs.1 lakh. The complainant had cleared the entire chit amount dues during January 2007 and there is no amount due to be payable by the complainant. Despite repeated demands the 2nd opposite party has not returned the document i.e. original LIC policy for Rs.1 lakh. Hence the conduct of the opposite parties is amounts to deficiency in service. 6. The opposite parties contended that the complainant had submitted only the Xerox copy of the LIC policy and the original policy is not handed over to the opposite party. The opposite party is ready to handover the duplicate copy of the LIC policy to the complainant provided the LIC comes forward to issue the duplicate copy to the opposite party on application by the opposite party. Hence this complaint is liable to be dismissed with cost. 7. The Ex.A1 is the Miscellaneous receipt of policy No. 701229493 issued by the Life Insurance Corporation of India. Ex.A2 is Shriram Chits Tamilnadu Pvt Ltd, chit Group No.52704, Ticket No.43 in favour of the subscriber Selvam M. i.e. complainant. The Ex.A3 letter dt.1.6.05 issued by the Shriram Chits Tamilnadu Pvt. Ltd to the complainant stated that they are receiving the cheques leaves for his prized G/TK : 52704/43 additional surety purpose. The cheque No. is 519784 to 519788 CB /TPT. The complainant has sent a legal notice Ex.A4, dt.20..6.07 to the 2nd opposite party stated that at the time of working in the chit price the 2nd opposite party had received the cheque leaves, LIC policy bond and signed papers from the complainant’s mother, in token of security. The complainant again sent a legal notice Ex.A6, dt.14.3.08 to the opposite parties stated that at the time of returning the chit amount to the complainant the opposite parties demanded surety of two Government staff’s pay slip. For one surety complainant’s mother who is working as Teacher at Jolarpet had assigned and for another surety complainant’s pledged his original LIC policy No.701229493 for Rs.1,lakh. According to the opposite parties that the complainant had submitted only the Xerox copy of the LIC policy and the original policy is not handed over to the opposite parties. From the perusal of proof affidavit of the complainant and Ex.A1 to Ex.A8 it is clear that there is no documents to prove that at the time of giving the chit amount, the 2nd opposite party had received the original LIC Policy No. 701229493 for Rs.1 lakh. 8. In the first legal notice Ex.A4, dt. 20.6.07, the complainant stated that at the time of giving the chit price the opposite parties had received cheque leaves, LIC policy bond and signed papers from the complainant’s mother. In the 2nd legal notice Ex.A6 dt.14.3.08 the complainant stated that at the time of returning the chit amount the opposite party demanded surety of two Government’s staff pay slip. For one surety complainant’s mother who is working as Teacher at Jolarpet had assigned and for another surety complainant pledged his original LIC policy No. 701229493 for Rs.1 lakh. The letter Ex.A3 dt.1.6.05 issued by the 2nd opposite party to the complainant stated that the opposite parties received the cheque leaves for complainant’s prized G/TK 52704/43 additional surety purpose. The original LIC Policy No. 701229493 for Rs.1 lakh not mentioned in the Ex.A3 letter. Therefore the contention of the complainant that at the time of returning the chit amount, the complainant pledged the original policy No.701229493 for Rs.1 lakh to the opposite parties is not acceptable. 9. Hence, taking all the above facts into consideration from the contention in the complaint and the counter, as well as proof affidavit of the complainant, and from the documents Ex.A1 to A8 we have come to the conclusion that the complainant herein has not clearly proved the deficiency in service on the part of the opposite parties herein. Hence we answer this point (a) as against the complainant herein. 10. POINT NO : (b ) In view of our findings on points (a), since, we have come to the conclusion that the complainant herein has not clearly proved the deficiency in service on the part of the opposite parties herein. We have also come to the conclusion that the complainant is not at all entitled to any relief asked for by him in this complaint. Hence we answer this point (b) also as against the complainant herein. 11. In the result, this complaint is dismissed. No costs. Dictated to the Steno-typist and transcribed by her, corrected and pronounced by the President, in Open Forum, this the 25th day of October 2011. MEMBER-I MEMBER-II PRESIDENT. List of Documents: Complainant’s Exhibits: Ex.A1- -- - X-copy of Miscellaneous receipt. Ex.A2- -- - X-copy of Chit Pass Book. Ex.A3- 1.6.05 - X-copy of letter addressed to the complainant by the 2nd opposite Party. Ex.A4- 20.6.07 - X-copy of legal notice. Ex.A5- -- - X-copy of Postal Ack. Card. Ex.A6- 14.3.08 - X-copy of Legal notice. Ex.A7- -- - X-copy of Ack. Card. Ex.A8- -- - X-copy of Ack. Card. Opposite parties’ Exhibits: ..Nil.. MEMBER-I MEMBER-II PRESIDENT.
| | [HONABLE MRS. Hon'ble Tmt G.Malarvizhi, B.E] MEMBER[ Hon'ble Thiru A.Sampath, B.A., B.L] PRESIDENT[HONABLE MR. Hon'ble Tr K.Dhayalamurthy, Bsc] MEMBER | | 
