1. Kapil Chit Funds (P) Ltd,

Zonal Recovery Cell,

Dr.No.5-31-5,

Near SBI Treasury Branch,

        3/14, Brodiepet, Guntur                                  …Opposite Parties

    This complaint coming up before us for final hearing on 29.06.10 in the presence of Sri V.Lakshmi Narayana Rao, advocate for complainant and opposite parties remained absent and set exparte, upon perusing the material on record and having stood over till this day of consideration, this Forum made the following:-

O R D E R

PER SMT.T.SUNEETHA, MEMBER:

                This complaint is filed U/S 12 of Consumer Protection Act, 1986 by the complainant seeking directions on opposite parties to pay  Rs.15,500/- which was deducted from the chit amount and Rs.20,000/- towards mental agony and costs.

The brief facts of complaint are as follows: 

                 The complainant is Mr.Kollipara Srinivasa Rao resident of Chebrolu Village, Guntur District.  The opposite parties 1 & 2 are M/s.Kapil Chit Fund Pvt., Ltd., Guntur and its Zonal Recovery Cell, Guntur.

                The complainant joined as a subscriber in one of the chit of 1^st opposite party under chit No.J.V.255/2009 PNT011-13 of worth Rs.4,00,000/- with 40 months duration.  The complainant paid all the installments regularly and became highest bidder in 38^th month.  While settling the bid amount, the 1^st opposite party with hold a sum of Rs.15,500/- as 39^th and 40^th months installment amount pertaining to one Mr.Subrahmanyam who is co-chit holder of complainant at Ponnur Branch for whom the complainant stood as guarantor. Immediately he issued legal notice demanding to pay Rs.15,500/- with interest.  But, there was no response from opposite party side.  Thus there is deficiency of service on the part of opposite parties.  Hence, the complaint.

                The complainant filed affidavit and documents in support of his arguments.  Ex.A1 to A9 are marked on behalf of complainant. The service of notices held sufficient.  The opposite parties remained absent and hence, set exparte.  The opposite parties proved deficient in their service.  The uncontroverted allegations prove the case of complainant.  Hence, there is deficiency of service on the part of opposite parties.  

                In the result, the complaint is allowed in part in terms as indicated below:

1. The opposite parties are hereby directed to pay the installment amount of Rs.15,500/- to the  complainant along with interest @ 9% p.a., from 13-08-09 till the date of realization.
2. The opposite parties are further directed to pay an amount of Rs.500/- towards compensation for mental agony and also costs.
3. The amounts ordered above shall be paid within period of six weeks from the date of receipt of copy of this order, failing which amount ordered in item No.2 shall carry interest @ 9% p.a., till the date of realization.

Typed to my dictation by the Junior Steno, corrected by us and pronounced in the open Forum, this the 29^th day of June, 2010.

    Sd/- x x x                       Sd/- x x x                         Sd/- x x x

    MEMBER                         MEMBER                        PRESIDENT

APPENDIX OF EVIDENCE

No oral evidence is adduced on either side.

DOCUMENTS MARKED

For Complainant :

For opposite parties:   NIL

                                                                                                 Sd/- x x x

                                                                                                             PRESIDENT