Date of filing:13.6.2013
Date of Disposal:4.4.2014
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II::
VIJAYAWADA, KRISHNA DISTRICT.
Present: SRI A. M. L. NARASIMHA RAO, B.SC., B. L., PRESIDENT
SMT N. TRIPURA SUNDARI, B. COM., B. L., MEMBER
FRIDAY, THE 4TH DAY OF APRIL, 2014.
C.C.No.121 OF 2013.
Between :
Chunduru Ramadevi, W/o Venkata Ravindranath, Hindu, 45 years, R/o 39-3-46, SPIG Apartment, Plot No.14, Near Masjid, Labbipet, Vijayawada – 10.
….. Complainant.
And
M/s Kapil Chits Kosta Pvt., Ltd., Rep., by its Branch Manager, #40-7-18, Moghalrajpuram Road, Labbipet, Vijayawada – 10.
(Opposite party company name and designation of the representative changed as per orders in I.A.13 of 2014 dated 21.1.2014)
…..Opposite Party.
This complaint is coming before us for final hearing on 20.3.2014 in the presence of Sri Naqeeb Ahmed, Counsel for complainant and Sri S.S.C.Bose, Counsel for opposite party and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
The averments of the complaint are in brief:
1. The complainant joined as a subscriber in the chit No.VJTO1M-7 for Rs.10,00,000/- and she discontinued the said chit. Thereupon the opposite party issued a notice on 8.11.2008 demanding the complainant to pay the arrears. For which the complainant expressed her inability to continue the said chit and requested to refund the amount paid by her. Instead of doing so the opposite party made the complainant to join another chit No.FVJLO3L-5 for Rs.5,00,000/- payable in 40 monthly instalments at Rs.12,500/-. The complainant became successful bidder in the said chit during 11th auction commenced in the month of February, 2011. The complainant furnished the sufficient sureties and issued cheques as security. The opposite party did not accept the sureties furnished by the complainant and encash some of cheques issued by the complainant as security. Even though three months elapsed the opposite party did not release the prized money to the complainant. The complainant stopped payment of monthly subscriptions. Then the opposite party requested the complainant to furnish fresh guarantors. Accordingly the complainant furnished fresh guarantors to take the prized money. Thereafter the opposite party released the prized money on a condition that the complainant should join in a broken chit. The complainant having no option accepted for the same. Then the opposite party paid an amount of Rs.1,72,750/- towards prize money by way of cheque on 2.9.2011 and the rest of the amount was appropriated to broken chit bearing No.FVJTO6J-3. The opposite party did not issue any pass book under two chits. The complainant requested the opposite party to furnish statement of account under both the chits. But the opposite party failed to do so. Therefore the complainant stopped payment of subsequent instalments. While the matter stood thus the agent of the opposite party harassing complainant and collected Rs.11,000/- on 18.9.2012 Rs.10,000/- on 29.9.2012 and Rs.10,000/- on 1.10.2012 and issued receipts respectively. Even though the complainant is paying subscriptions the opposite party adjusted the said amounts towards penalties, interest and other charges. Having doubt about the credibility of the opposite party the complainant requested the opposite party to furnish statement of account of the chit. The opposite party furnished statement of account of chit No.FVJLO3J-5 only and failed to give another statement of account of another chit. On going through the statement of account the complainant observed that an amount of Rs.1,57,250/- and Rs.20,000/- were reflected under the head of prize money. But the said amounts were not received by the complainant. The account statement further shows that an amount of Rs.20,000/- was appropriated to instalments for July to September, 2011. On knowing the unlawful action of the opposite party the complainant demanded the opposite party to furnish the account particulars relating to Rs.1,57,250/- and stopped payment of further instalments and the opposite party got issued a legal notice demanding the complainant and her guarantors to pay instalments, for which the complainant got issued a reply notice stating that unless the opposite party furnished the details of payment of Rs.1,57,250/- the complainant is not going to clear the dues. Again the opposite party got issued a legal notice demanding the complainant to pay the instalments, for which the complainant got issued a reply notice and demanded the opposite party to furnish the details of payment of Rs.1,57,250/- and issue pass books relating to the above two chits. On receipt of the said notice the opposite party failed to furnish payment particulars and also failed to issue pass books which amount to clearly deficiency in service. Hence the complainant is constrained to file this complaint against the opposite party praying the Forum to direct the opposite party to refund Rs.1,77,250/- along with interest at 24% per annum from 2.9.2011 till the date of realization, to award damages of Rs.1,00,000/- towards mental agony, to furnish details of amount of Rs.1,57,250/-under cheque No.883516 under chit series FVJLO3J-5and FVJTO6J-3 and to award costs.
2. The version of the opposite party is in brief:
The opposite party denied all the allegations of the complaint and submitted that the opposite party paid bid amount immediately after producing the guarantors by the complainant after verification. Out of prize amount the complainant received a sum of Rs.1,72,750/- through cheque. At the complainant’s request the remaining amount of Rs.1,77,250/- was adjusted as (i) an amount of Rs.31,500/- was adjusted for the months of July, August and September,2011 in her chit ticket No.FVJLO35-05 (ii) An amount of Rs.1,25,000/- was adjusted for complainant’s new chit No.FVJTO65-03 (iii) an amount of Rs.750/-towards verification charges and the opposite party obtained acknowledgements from the complainant (iv) An amount of Rs.20,000/- was adjusted as per written request of the complainant towards Tata AIG Life Insurance Policy. The complainant received the said policy bond from AIG Life insurance. The complainant after receiving prize amount paid some instalments and thereafter he committed default for paying the chit amount and the opposite party sent notice to the complainant and her guarantors but there was no response. Thereafter in respect of dishonoured of cheques the opposite party got issued notice to the complainant on 27.12.2012. After receiving the said notice the complainant created the entire story in her reply dated 19.1.2013 as narrated in the complaint. The payment made by the complainant after issuing the price amount reflected in the account copy. The complainant pledged the non-prize chit group i.e., new chit for Rs.5,00,000/- with regard to prized chit (present chit transaction) and in this regard the complainant also executed a pledge letter on 2.9.2011 in favour of the opposite party. Then the complainant failed to pay instalments with regard to prized chit, the amount paid by the complainant in chit No.FVJO6J-3 was adjusted in the prized chit after taken company commission and removed the said chit. As she failed to pay the amount as per agreement. If really the opposite party delayed payment and not pay the entire prize amount, she will give notice immediately after receiving the prize amount. Even after receiving the prize amount she paid some instalments and also issued cheques. All the payments and deductions are reflected in the account copy furnished by the opposite party. The opposite party legal cell finally got issued notice to the complainant with regard to her due amount through its notice dated 19.3.2013. Thereafter the complainant as counter blast issued reply notice on 23.4.2013 and notice on 24.4.2013. Contents in reply notice dated 23.4.2013 and notice dated 24.4.2013 which were nothing but replicate of reply notice of the complainant dated 19.1.2013. The above said facts clearly shows as per written request of the complainant the amount of Rs.1,77,250/- was adjusted and knowing all the facts she filed the present complaint with all false allegations. The opposite party will file a suit to recover the due amount against the complainant and her guarantors in the court of law as per its notice dated 19.3.2012. There is no deficiency in service on the part of opposite party towards the complainant. Hence prayed to dismiss the complaint with costs.
3. Complainant filed her affidavit and got marked Ex.A.1 to Ex.A.11. Sri Kolusu Ramanjaneyulu, Foreman/Branch Manager of the opposite party filed his affidavit and got marked Ex.B.1 to Ex.B.10.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1.Whether there is any deficiency in service on the part of the opposite party
towards the complainant in not returning the amount lying in chit series
FVTLO3J-5?
2. If so is the complainant entitled for the relief?
3. To what relief the complainant is entitled?
POINTS 1 AND 2:-
6. On perusing the material on hand the complainant joined in the chit group No.VJTO1M-7 for Rs.10,00,000/- and discontinued the said chit. The opposite party got issued a demand notice on 8.11.2008 under Ex.A.1 demanding the complainant to pay the arrears of Rs.75,350/- upto that date. The complainant pleaded her inability to continue in the said chit and requested to refund the paid amount. But at request of the opposite party she joined in another chit No.FVJLO3J-5 for Rs.5,00,000/- payable in 40 monthly instalments at Rs.12,500/-. The complainant says that she became successful bidder in the said chit during 11th auction in the month of February, 2011 and furnished sufficient sureties and also issued cheques as security. Even though three months passed the opposite party did not release the prize money. The opposite party says that the complainant failed to produce sufficient sureties and after furnishing sufficient sureties the opposite party released the prize amount of Rs.1,72,750/- on 2.9.2011 to the complainant bank account. Ex.A.11 reflects the same. Rest of the amount was adjusted to the broken chit No.FVJTO6J-3 in which the complainant was joined and to the prized chit FVJLO3J-5. Ex.A.10 and Ex.B.10 show the adjustment amounts of Rs.31,500/-, Rs.21,562/-, Rs.22,175/- and Rs.53,318/-from 5th September, 2011 to 23.4.2012. The adjusted amounts totaling to Rs.1,28,555/-. When the complainant failed to pay the future instalments the opposite party collected Rs.11,000/- on 18.9.2012, Rs.10,000/- on 29.9.2012 and Rs.10,000/- on 1.10.2012 and issued Ex.B.8 for Rs.11,000/- and Ex.B.9 for Rs.10,000/-. Ex.B.10 reflects the same amounts. The opposite party says that as the complainant was irregular in payments the opposite party charged penalties, interest and other charges. The complainant says that in Ex.A.10 the complainant observed that an amount of Rs.1,57,250/- and Rs.20,000/- were reflected under the head of prize money, but the amounts were not received by the complainant. But the complainant forgets the matter that she was defaulted in paying the instalments for prized, and non-prized chits. The complainant bid the first chit for Rs.1,50,000/- less of Rs.5,00,000/- chit. She has to receive the bid amount for Rs.3,50,000/-. But she gave her written consents under Ex.B.4 and Ex.B.3 to deduct the amount of auction discount Rs.1,25,000/-, company commission Rs.25,000/- verification charges Rs.750/- and to adjust the amount of Rs.31,500/- towards prized chit and Rs.1,25,000/- towards new chit for total amount of Rs.3,07,250/-. The complainant has allowed the opposite party to pay Rs.20,000/- towards a policy vide Ex.B.3 and she has to receive only Rs.1,72,750/- and the opposite party paid the same. The complainant demanded the opposite party to furnish account particulars relating to Rs.1,57,250/- and stopped payments. Then the opposite party got issued a legal notice Ex.A.2 dated 27.12.2012 demanding the complainant to pay the arrears in both chits and stated that the complainant issued a cheque for Rs.50,000/- on 15.12.2012 in favour of the opposite party and the same was dishonoured by the bank stating “Funds insufficient” on 17.12.2012. The opposite party wants to file a criminal complaint against the complainant. On receiving the same the complainant got issued a legal notice Ex.A.3 dated 19.1.2013 stating that unless the opposite party furnished the details of Rs.1,57,250/- she will not pay the instalments of the chits. The opposite party received the said notice and issued a legal notice Ex.A.5 dated 19.3.2013 to the complainant and the guarantors stating that the prized subscriber had paid only 29 instalments and failed to pay the balance defaulted instalments on several demands, failing which the opposite party shall be constrained to proceed legally against all of them for recovery of amount Rs.1,37,500/- with interest at the rate of 18% per annum under Chit Fund Act. On receiving the said notice the complainant got issued legal notices Ex.A.6 and Ex.A.7 dated 23.4.2013 and 24.4.2013 respectively to the opposite party. The opposite party received the same under Ex.A.7 and Ex.A.8. As per Ex.B.1 chit agreement, the opposite party has the right to collect penalty charges, interest, notice charges and other charges if the complainant is defaulted in paying the chit instalmnets. The complainant agreed the same and signed on Ex.B.1 and also she gave her consent letters to adjust the future instalments for two chits from the prized amount. The opposite party has right to retain the amount of prized chit as lien for future instalments of the prized chit. We do not find irregularities in Ex.B.10 and Ex.A.10. If the opposite party did not pay the prized chit amount, the complainant can question the same after furnishing sufficient sureties. She kept quiet all these time from 2011 to 2013 and when the opposite party sent legal notice to her and her guarantors for due sum of Rs.1,37,500/-, then she filed this complaint. Therefore we hold that there is no deficiency in service on the part of opposite party towards the complainant and the complainant is not entitled for any relief as she prayed.
POINT No.3:-
7. In the result, the complaint is dismissed without costs.
Dictated to the Stenographer K.Sivaram Prasad, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 4th day of April, 2014.
PRESIDENT MEMBER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the complainant: For the opposite party:-
P.W.1 C.Ramadevi D.W.1 K.Ramanjaneyulu,
Complainant Foreman/Branch Manager
(by affidavit) of the opposite party
(by affidavit)
On behalf of the Complainant:
Ex.A.1 08.11.2008 Removal notice issued by the opposite party.
Ex.A.2 27.12.2012 Legal notice issued by the opposite party to the complainant.
Ex.A.3 19.01.2013 Reply notice issued by the complainant.
Ex.A.4 . . Postal acknowledgement.
Ex.A.5 19.03.2013 Notice issued by opposite party.
Ex.A.6 23.04.2013 Reply notice issued by the complainant.
Ex.A.7 . . Postal acknowledgement.
Ex.A.8 24.04.2013 Office copy of legal notice issued by the complainant.
Ex.A.9 . . Postal acknowledgement.
Ex.A.10 . . Copy of ledger between 01.01.2004 to 08.10.2012.
Ex.A.11 . . Photocopy of Andhra Bank pass book.
For the opposite party:-
Ex.B.1 31.08.2010 Photocopy of Chit agreement.
Ex.B.2 02.09.2011 Letter of pledge executed by the complainant in favour of the opposite party.
Ex.B.3 02.09.2011 Letter from the complainant to the opposite party.
Ex.b.4 . . True copy of letter from the complainant to the opposite party.
Ex.B.5 02.09.2011 Chit receipt issued by the opposite party.
Ex.B.6 02.09.2011 Chit receipt issued by the opposite party.
Ex.B.7 02.09.2011 Chit receipt issued by the opposite party.
Ex.B.8 18.09.2012 Duplicate copy of chit receipt issued by the opposite party.
Ex.B.9 01.10.2012 Duplicate copy of chit receipt issued by the opposite party.
Ex.B.10 . . Copy of ledger between 01.01.2002 to 17.08.2013.
PRESIDENT
