Tamil Nadu

South Chennai

254/2010

B.Sanjay Gupta - Complainant(s)

Versus

M/s. Margadarsi Chits Pvt. Ltd. - Opp.Party(s)

S.Stalin Muthu

03 Sep 2018

ORDER

                                                                        Date of Filing  : 05.04.2010

                                                                          Date of Order : 03.09.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.254/2010

DATED THIS MONDAY THE 03^RD DAY OF SEPTEMBER 2018

                                 

B. Sanjay Gupta,

S/o. Mr. S. Bishamberdayal Gupta,

New No.339, Old No.260/2,

M.K.N. Road,

Alandur,

Chennai – 600 016.                                                   .. Complainant.                                                   

 

    ..Versus..

 

M/s. MARGADARSI CHITS PVT. LTD.,

Represented by its Manager / Accountant,

No.24, Sardar Patel Road,

1^st Floor, Adayar Shakthi Square,

Adayar,

Chennai – 600 020.                                              ..  Opposite party.

          

Counsel for complainant      :  M/s. S. Stalin Muthu

Counsel for opposite party  :  M/s. K. Martin Arokiaraj

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to withdraw the claim amount of Rs.1,457.55 as demanded in the notice dated:21.01.2010, to direct the opposite party to adjust and settle the amount of Chit No.LT 002 TDR/35 and Chit No.FT 009 NDR/18 with one another, to pay a sum of Rs.15,00,000/- towards compensation for mental agony, worries, tension and mental depression with cost to the complainant.

1.    The averments of the complaint in brief are as follows:

The complainant submits that he enrolled as a Member for chit No.FT009NDR/18 value of Rs.5,00,000/- for 40 months and chit No.LT002TDR/35 value of Rs.5,00,000/- for 50 months and another chit bearing No.FT007NDR/34.   Further the complainant submits that except the chit FT007NDR/34 other two chits commissioned in the month of June 2008 itself and the price amount will be made available within 2 months.     Further the complainant submits that he paid a sum of Rs.12,500/- and Rs.10,000/- respectively on 28.06.2008 to the opposite party.   Further the complainant submits that the opposite party commissioned the Chit No.LT002T DR/35 in the month of June 2008 and Chit No.FT009N DR/18 was commissioned in the month of October 2008 after a delay of 4 months by blocking the complainant amount of Rs.12,500/- and Rs.10,000/- is unwarranted.   Further the complainant submits that the complainant issued a cheque No.062469 dated:30.11.2009 for the month of November 2009 for the Chit No.FT007N DR/34 and the same was lost by the opposite party.  Thereby, the complainant issued a fresh postdated cheque for the same amount which was encashed on 20.01.2010.  Further the complainant submits that the opposite party issued a letter dated:21.01.2010 presuming that there is an unpaid amount of Rs.1,457.55.  Further the complainant states that the said claim of Rs.1,457.55 is false and baseless.  Therefore, the complainant issued legal notice dated:28.01.2010 and the opposite party sent replies dated:10.02.2010 and 26.02.2010 with untenable contentions.  The act of the opposite party caused great mental agony.  Hence the complaint is filed.

2.      The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.    The opposite party states that the complainant has joined in the Chit No.FT007NDR-34 for Rs.5,00,000/- which is payable in 40 monthly instalments at the rate of Rs.12,500/- per month.  The complainant has issued a cheque dated:30.11.2009 for a sum of Rs.12,500/- towards October 2009 but not for November 2009 in the above Chits.  The complainant never issued any postdated cheques which was alleged to be encashed on 20.01.2010.  Further the opposite party states that notice dated:21.01.2010 was issued to all the prized subscriber and the guarantors and a sum Rs.1,457.55 as arrears due towards 40^th instalment of November 2009.  The said chit also closed by November 2009.  Further the opposite party states that Chit No.FT009NDR -18 was drawn by the complainant after submitting due sureties.  The Chit No. LT002TDR/ 35 was cancelled by the complainant on 03.03.2010 and withdrawn the refundable amount.  There is no deficiency on the part of the opposite party.  Hence the complaint is liable to be dismissed.

3.   To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A8 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 to Ex.B7 are filed and marked on the side of the opposite party.

4.      The points for consideration is:

1. Whether the complainant is entitled to the relief of withdrawing the claim of Rs.1,457.55 by the opposite party and adjust the chit amount of LT 002 T DR/35 and Chit No.FT 009 N DR/18 as prayed for?
2. Whether the complainant is entitled to a sum of Rs.15,00,000/- towards compensation for mental agony with cost as prayed for?

5.      On point:-

Both parties filed their respective written arguments. Perused the records namely the complaint, written version, proof affidavits, documents etc.   The complainant pleaded and contended that he enrolled as a Member for chit No.FT009NDR/18 value of Rs.5,00,000/- for 40 months and chit No.LT002TDR/35 value of Rs.5,00,000/- for 50 months and another chit bearing No.FT007NDR/34 is admitted.  But the complainant has not produced any record to prove the entire details.   Further the contention of the complainant is that except the chit FT007NDR/34 other two chits commissioned in the month of June 2008 itself and the price amount will be made available within 2 months.   But no record.   Further the contention of the complainant is that he paid a sum of Rs.12,500/- and Rs.10,000/- respectively on 28.06.2008 to the opposite party.   But the complainant has not produced any receipt or record.  Further the contention of the complainant is that the opposite party commissioned the Chit No.LT002T DR/35 in the month of June 2008 and Chit No.FT009N DR/18 was commissioned in the month of October 2008 after a delay of 4 months by blocking the complainant’s amount of Rs.12,500/- and Rs.10,000/- unwarrantedly.   But the complainant has not produced any record to prove the commissioned of the above said chits on 28.06.2006.  Further the contention of the complainant is that the complainant issued a cheque No.062469 dated:30.11.2009 for the month of November 2009 for the Chit No.FT007N DR/34 and the same was lost by the opposite party.  Thereby, the complainant issued a fresh postdated cheque for the same amount which was encashed on 20.01.2010 for which also, the complainant has not produced any record.  Further the contention of the complainant is that the opposite party issued a letter dated:21.01.2010 presuming that there is an unpaid amount of Rs.1,457.55.  Ex.A1 to Ex.A4 are the communications between the complainant and the opposite party.   Further the contention of the complainant is that the said claim of Rs.1,457.55 is false and baseless which caused great mental agony to the complainant resulting medical treatment and expended a huge amount.   The complainant is claiming a sum of Rs.15,00,000/- towards compensation for mental agony and to withdraw the demand of Rs.1,457.55 with cost.

6.     The opposite party filed a Memo stating that the matter is settled between the parties.  But the complainant has not whispered anything about the settlement.  The contention of the opposite party is that the complainant  has joined in the  Chit No.FT007NDR-34 for Rs.5,00,000/- payable in 40 monthly instalments at the rate of Rs.12,500/- per month.  The complainant has issued a cheque dated:30.11.2009 for a sum of Rs.12,500/- towards October 2009 but not for November 2009 in the above Chits.  The complainant never issued any postdated cheques which was alleged to be encashed on 20.01.2010.   The opposite party produced Ex.B1 to Ex.B4 related to the Chit Agreement and statement of accounts proves the real facts.   Further the contention of the opposite party is that notice dated: 21.01.2010 was issued as per Ex.B7 to all the prized subscriber and the guarantors and a sum Rs.1457.55 as arrears due towards 40^th instalment of November 2009.  The said chit also closed by November 2009.  The complainant suppressed the facts and filed this case claiming imaginary compensation after committing default by himself.   Further the contention of the opposite party is that Chit No.FT009NDR -18 was drawn by the complainant after submitting due sureties.  The Chit No. LT002TDR/ 35 was cancelled by the complainant on 03.03.2010 and withdrawn the refundable amount.  Hence, there is no deficiency in service on the part of the opposite party.  Considering the facts and circumstances of the case this Forum is of the considered view that the

 

complaint has to be dismissed.

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 03^rd day of September 2018. 

 

MEMBER –I                                                                            PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	20.01.2010	Copy of letter addressed to the complainant by the opposite party
Ex.A2	20.01.2010	Copy of letter addressed to the complainant and a copy marked to the Guarantors by the opposite party
Ex.A3	21.01.2010	Copy of letter addressed to the complainant and copy marked to the Guarantors by the opposite party
Ex.A4	21.01.2010	Copy of letter addressed to the father of the complainant and copy to the Guarantors by the opposite party
Ex.A5	28.01.2010	Copy of notice by the complainant’s Counsel with acknowledgement due
Ex.A6	10.02.2010	Copy of reply by the opposite party
Ex.A7	26.02.2010	Copy of reply by the opposite party’s Counsel
Ex.A8	01.02.2010 to 02.03.2010	Copy of bills paid by the complainant to the Raju Hospital (Serial)

 

 

OPPOSITE  PARTY SIDE DOCUMENTS:  

Ex.B1		Copy of Chit Agreement executed by the complainant in favour of the opposite party in chit Ref No.FT007NDR-34
Ex.B2		Copy of Chit Agreement executed by the complainant in favour of the opposite party in Chit Ref No.LT002TDR-35
Ex.B3		Copy of Chit Agreement executed by the complainant in favour of the opposite party in Chit Ref No.FT009NDR-18
Ex.B4		Copy of Statement of Accounts of Chit Ref.FT007NDR-34, LT002TDR-35 and FT009NDR-18
Ex.B5	26.02.2010	Copy of letter sent to the complainant with acknowledgement in chit Ref No.LT002TDR-35
Ex.B6	26.02.2010, 31.03.2010	Copy of legal notice with Acknowledgment sent to the complainant and the guarantors in FToo9ND FT007NDR-34
Ex.B7	21.01.2010	Copy of Demand notice sent by the opposite party to the complainant in chit ref No.FT007NDR-34

 

                                                         

MEMBER –I                                                                            PRESIDENT