Andhra Pradesh

Visakhapatnam-II

CC/418/2011

N. Appa Rao - Complainant(s)

Versus

M/s Shriram Chits Private Limited - Opp.Party(s)

M. Suryanarayana Sastri

26 May 2015

ORDER

 Reg. of the Complaint:25-10-2011

                                                                                                                                      Date of Order:26-05-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

                                            

 

TUESDAY, THE 26^TH DAY OF MAY, 2015

CONSUMER CASE NO.418/2011

 

BETWEEN:

Sri N.Appa Rao s/o late Thathayyalu,

Hindu, aged 72 years, r/o D.NO.13-06-19,

Nehru Street, Bheemunipatnam,

Visakhapatnam District.

…Complainant

AND:

1.The Chief, Chit Fund Business, Andhra Pradesh,

Shriram Chit Funds, Hyderabad.

2.The Divisional Manager, Shriram Chits Pvt., Ltd.,

MVP Colony, Visakhapatnam.

3.Sri Nalli Venkata Narasinga Rao, S/o Atchibabu,

Ex.Branch Manager, Shriram Chits, Pvt., Ltd.,

D.No.11-29-118, Nalli Veedhi, Bheemunipatnam,

Visakhapatnam District.

…Opposite Parties

This case coming on 19-05-2015 for final hearing before us in the presence of SRI M.S.SASTRI, Advocate for the Complainant, and of SRI KODURI SRINIVASA RAO, Advocate for the 1^ST & 2^nd Opposite Parties, and 3^rd Opposite Party is being remained exparte and having stood over till this date for consideration, this Forum made the following.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         

ORDER

 (As per the Honourable President on behalf of the Bench)                                                                              

 

1. The complainant filed the present complaint against the OPs for recovery of chit amount with interest upto 20-09-2011 for Rs.2,44,800/- and for recovery of debenture of amount of Rs.3,10,000/- with interest @ 24% per month upto 20-09-2011 and interest of debentures  from 20-09-2011, damages of Rs.50,000/- and costs.
2. The case of the complainant in brief is that he is a Retired School Surgeon and 3^rd respondent is a Branch Manager of Shriram Chits Private Limited, Tagarapuvalasa and at his instance, he joined in the chit fund scheme  and the 3^rd Respondent was in the habit of collection of chit amount from his house and further he encouraged him to join the debentures scheme and the 3^rd respondent paid him primarily and he joined as a member of Rs.3,00,000/- chit for 30 months and pass book was provided receving monthly installments from 19-07-2009 upto 20-11-2009 for Rs.1,70,000/-.  Similarly, he invested Rs.2,50,000/- on 15-08-2008 in the debentures scheme, the redumption value being Rs.3,10,000/- payable by 15-02-2010 for which the 3^rd respondent gave debenture certificate from M/s Shriram Investiments Limited and when he questioned about the date of redemption was properly and correctly mentioned in the debenture certificate, he was told that there was no problem.
3. That the 3^rd respondent stopped visiting his house from October 2009 as the redemption rate of debenture was nearing maturity, he contacted the concerned staff Appa Rao in the Tagarapuvalasa office who stated that they would contact higher authorities and advised him and atlast he visited Tagarapuvalasa office and when he contacted the staff,  he was told that the debenture was fraud and false which resulted the Tagarapuvalsa staff deceived him. Then, he contacted the Divisional Manager, the 2^nd respondent who also told that the debenture certificate was fraud and the 3^rd respondent mislead him. So also about the chit amount and further stated that the 3^rd respondent absconded and on enquiry, he was told that the 3^rd respondent whereabouts are not known. Inspite of such fraudulent sitation, the 2^nd OP did not take immediate action against Opposite party No.3, on his complaint, and the police registered a case on 21-05-2010 against Defendant No.3,  police registered a case on 21-05-2010 against Defendant No.3 U/s 406, 420, 471 and 477 IPC., Hence, this complaint.
4. 2^nd Opposite Party filed counter adopoted by OP-1 denying all the material averments of the complaint contended that the complaint is not maintainable for non-joinder of necessary party i.e., Shriram Investments Limited. It is also their case that the complainant never joined  in the chit group of VVM0 04 at Tagarapuvalasa Branch and the said group belongs to Dwarakanagar Branch, Visakhapatnam started in the year 1997 and terminated in the year 2002 and the said group value is only Rs.1,00,000/-. Even as per the pass book, it does not contain any receipt nos. which clearly shows that the complainant with the collusion of OP-3 brought into existence and causes wrongfully loss. Even as per the debenture certificates filed by the complainant, it was issued on 15-02-2010 and redemption on 15-08-2008 and in the said certificate, the total amount of interest payable is Rs.9,903/-  and invested on 23-05-2005 for a total period of 60 months and number of debentures mentioned as Rs.250/- but the certificate issued from 31929714 to 31929719 for 15 debentures which also discloses the complainant in collusion with 3^rd OP fabricated the said certificate and they are in no way concerned. For these reasons, the complainant is not entitled for any amount and he can claim the same from 3^rd OP only. For these reasons, the complaint is liable to be dismissed.
5. The complainant filed rejoinder i.e., the 3^rd party Shriram Chits Private Limited, Manager,  Chits and Business and Debenture Scheme. They filed compliant against the first OP, Head Office, Shri Ram Chits Private Limited, Hyderabad also. Ttherefore, there is no need to file the complaint against Shriram Investiments which is regular practice of the officers of Shriram Chits Private Limited or any other chits company to approach and request people to join as members. 3^rd OP is officially involved in this case, thus the guilty of the 3^rd OP and his employer with their vicarious liability are bound to repay the claim amount. It is not proper for the employer to say that the pass book was brought into existence with collusion with the Branch Manager. The 1^st and 2^nd OPs are liable for their printed receipts and debentures certificate. For these reasons, OP may be directed to repay the amount.
6. To prove their respective cases, on behalf of the Complainant,  he filed his evidence affidavit are filed, chief affidavit, additional affidavit and got marked Exhibits A1 to A15 and on the other hand, on behalf of the OPs, Evidence Affidavit of 2^nd OP and got marked Exhibits B1 to B4 are marked.
7. Exhibit A1 is the Pass Book, Exhibit A2 is the Debenture Certificate, Exhibit A3 is the Letter sent by the complainant to OP, Exhibit A4 is the letter sent by the complainant to OP, dated 10-03-2010, Exhibit A5 is the Letter sent by the complainant to the OP, dated 07-04-2010, Exhibit A6 is the Letter sent by the complainant to OP, dated 03-05-2010, Exhibit A7 is the Press Statement, dated 28-04-2010, Exhibit A8 is the letter issued by the OP, dated 27-04-2010, Exhibit A9 is the FIR, dated 21-05-2010, Exhibit A10 is the Legal Notice, dated 21-06-2010, Exhibit A11 is the Charge Sheet, Exhibit A12 is the Postal Receipt, Exhibit A13 is the letter issued by complainant to OP, dated 20-07-2011, Exhibit A14 is the Agreement, dated 23-12-2009 and Exhibit A15 is the Letter issued by the complainant to OP dated 20-07-2010.
8. Exhibit B1 is the Charge Sheet dated 21-07-2010, Exhibit B2 is the Proceedings of OP dated 06-04-2012, Exhibit B3 is the Termination/Removal Order dated 18-07-2012 and Exhibit B4 is the Account Statement.
9. Both parties filed their respective written arguments.

   10.  Heard oral arguments from both sides.

   11.  Now the point for determination to be determined in this case is;

Whether there is any deficiency of service on the part of the OPs and the Complainant is entitled to any reliefs asked for?

12. In order to show that the complainant joined as member in Rs.3,00,000/-  chit for 30 months from July 2008, he relied upon Exhibit A1 Chit Pass Book that he paid an amount  of Rs.1,70,000/-. Further, the complainant invested an amount of Rs.2,50,000/- on 15-08-2008 in the debentures scheme value being Rs.3,10,000/- payable by 15-02-2010,  and he relied upon Exhibit A2 debentures Certificate from M/s Shriram Investments Limited. According to Ops, the complainant  never joined in the said Group Chit and that there is no such group VVM004 AT Tagarapuvalasa Branch and the said Group belongs to Dwarakanagar  Branch Visakhapatnam started in the year 1997  and terminated in the year 2002 and the said chit is in the name of K.V.R.Murthy and its value is Rs.1,00,000/- but not as alleged in the complaint. To prove the same, they relied upon Exhibit B1. Therefore, it is relevant for us to draw our attention to Exhibit A1 Chit Pass Book. Exhibit A1 relates to Chit reference no.VVM004  for value of Rs.3,00,000/- and its monthly subscription is 10 months payable in 30 installments stands in the name of the complainant. The relevant entries therein indicates 17 installments were paid etc., when it is contended by OP that the said chit group belongs to Dwarakanagar Branch, but not Tagarapuvalasa and it was terminated in the year 2002 stands in the name of K.V.R.Murthy for Rs.1,00,000/-, it is for the complainant to establish but except filing Exhibit A1 no other documentary or the evidence affidavit relatives thereof are filed. to substantiate his plea. On the other hand, OP relied upon Exhibit B4 which clinches that the aforesaid chit group belongs to Dwarakanagar branch Visakhapatnam started in year 1977 and terminated in the year 2002 and it is stands in the name of K.Venkata Ramana Murthy and the said Group is for Rs.1,00,000/-. Further as per the pass book Exhibit A1 it does ot contain any receipt nos. which clearly shows that Exhibit A1 is not a genuine one. On perusal of Exhibit A1, the contention of OP that in collusion with 3^rd OP, the complainant brought into existence Exhibit A1 is having some force. For these reasons, we hold that the complainant never joined in the said group which was closed long back i.e., 7 years prior to the alleged joining date and thereby failed to substantiate his case.

13.     The next contention of the OP is that the complainant is not maintainable for non-joinder of necessary parties i.e., Shriram investments limited as we earlier stated that the case of the complaint that he invested an amount of Rs.2,50,000/- on 15-08-2008 in debenture scheme and its redemption value being Rs.3,10,000/- for which the 3^rd Respondent gave debenture certificate from Shriram Investments Limited. It is evident as per the debenture certificate filed by the complainant, A2 issued on 15-02-2010 and redeemed on 15-08-2008, the total amount of interest payable is Rs.9903/- and invested on 23-05-2005. It is also further noted in the said certificate that the total period is 60 months. The number of debentures mentioned as 250 but the certificates issued from 31929714 to 31929719  for 15 debentures. The above facts clearly shows that the complainant got the certificates at the instance of 3^rd Op in collusion with him as rightly contended by the learned counsel for the OP. It is the case of the OP  that they are no way concerned with the said debenture certificates. The record further shows the OP filed a complainant before Bheemunipatnam Police Station against the 3^rd OP and the said case is pending.  Further, the perusal of the case record, it appears that Shriram Investiments Limited is a necessary party but the complainant failed to include them as necessary party. On a careful scruitiny of the evidence let in by both sides, were are of the considered view that the the complainant failed to establish not only his case but also to prove that there is any deficiency of service on the part of the OP. Therefore, the complant filed by the complainant is deserves to be dismissed.

 

 

14.     In the result, this complainant is dismissed, no costs.

 

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 26^th day of May, 2015.                                   

 

   Sd/-                                                Sd/-                                          Sd/-

LADY MEMBER                            MALE MEMBER                        PRESIDENT       

 

APPENDIX OF EVIDENCE

  For the Complainant:-

Exhibits	Date	Description	Remarks
A1		Pass book	Photocopy
A2	15-08-2010	Debenture Certificate	Photocopy
A3	05-03-2010 07-03-2010	Letter sent by the complainant to OP	Photocopy
A4	10-03-2010	Letter sent by the complainant to OP	Photocopy
A5	07-04-2010	Letter sent by the complainant to OP	Photocopy
A6	03-05-2010	Letter sent by the complainant to OP	Photocopy
A7	28-04-2010	Press statement	Photocopy
A8	27-04-2010	Letter issued by the OP	Photocopy
A9	21-05-2010	FIR	Photocopy
A10	21-06-2010	Legal Notice	Office copy
A11		Charge sheet	Photocopy
A12		Postal Receipt	Original
A13	20-07-2011	Letter issued by complainant to OP	Photocopy
A14	23-02-2009	Agreement	Photocopy
A15	20-07-2011	Letter issued by the complainant to OP	Photocopy

 

For the Opposite Parties:-  

Exhibits	Date	Description	Remarks
B1	21-07-2010	Charge sheet	Original
B2	06-04-2012	Proceedings of OP	Original
B3	18-07-2012	Termination/removal order	Original
B4		Account statement	Original

 

   Sd/-                                                Sd/-                                          Sd/-

LADY MEMBER                            MALE MEMBER                        PRESIDENT