This is a complaint filed U/s. 12 of Consumer Protection Act by the complainant-Madhukar Honnavarkar against Respondent- Shriram Chits (Karnataka) Private Limited, by its Branch Manager Raichur. The brief facts of the complaint are as under:-<br /> Complainant is a registered consumer of the Respondent who has opted a chit under Group No. 50009 and Ticket bearing No. 19 for the chit amount of Rs. One Lakh with Respondent. He has regularly made the payment of monthly installments at the rate of Rs. 2,000/- per month for total 40 installments. This installment amount of Rs. 2,000/- includes auctioned dividend amount also and the same has been matured on 14-09-06. After maturity, the Respondent has failed to make the payment of matured chit amount along with accrued dividend, bonus and interest in-spite of his requests. So he issued a letter to the Respondent on 02-01-07 requesting for payment which has been served on the Respondent through Courier. But Respondent has not cared to make the payment or replied to his letter. This attitude of the Respondent amounts to deficiency of service. Hence for all these reasons he has sought for the payment of chit amount of Rs. One Lakh, together with Rs. 10,000/- towards interest at 24% p.a. from 14-09-06 to 01-03-07 and Rs. 40,000/- towards dividend, interest, bonus & damages etc., up to the date of maturity totaling to Rs. 1,50,000/-.<br /> <br /> 2. The Respondent who appeared through counsel has filed written version contending that after clearing his last installment due, the complainant shall be eligible only for Rs. 95,000/- and not for Rs. One Lakh as claimed since the complainant is liable to pay the foreman commission of Rs. 5,000/-. The complainant has been insisting to deduct his last installment from the maturity amount for which the Respondent Company has made it clear to the complainant that the policy of the companies does not allow any such adjustment. This Respondent is ready to pay the complainant what he is due to get provided he pays the last installment in the chit and his amount till to the date has been kept safely under suspense account wherein it will earn an interest of 9.5% p.a. and he is free to take the amount provided he clears his last installment due. So there is no deficiency of service by the Respondent. Hence for all these reasons the Respondent has prayed for dismissal of the complaint.<br /> <br /> 3. During the course of enquiry the complainant has filed his sworn affidavit by way of examination-in-chief and has got marked as many as (18) documents at Ex.P-1 to Ex.P-18. The Respondent in-rebuttal has filed sworn affidavit of its Manager by way of examination-in-chief and has got marked (10) documents at Ex.R-1 to Ex.R-10.<br /> <br /> 4. Heard the arguments of both sides and perused the records. The following points arise for our consideration and determination:-<br /> 1.Whether the complainant proves deficiency in service by <br /> the Respondent Company in not settling the claim, as alleged.?<br /> <br /> 2.Whether the complainant is entitled for the reliefs sought <br /> for?<br /> <br /> 5. Our finding on the above points are as under:-<br /> 1.In the affirmative. 2. As per final order for the following.<br /> <br /> REASONS<br /> <br /> POINT NO.1:-<br /> <br /> 6. The complainant has produced Pass Book bearing NO. 50009 Ticket No.19 at Ex.P-1 and (15) Receipts issued by the Respondent Company for the payment of amount of installments made by the complainant vide Ex.P-2 to Ex.P-16. The complainant has also produced Pass-book of his S.B. of Syndicate Bank Raichur bearing A/c. No. 1806/220/8310 showing the payment of installments made to the Respondent Company through his bank A/c. at Ex.P-17. The Respondent Company has produced (10) documents and out of which Ex.R-5 is Extract of payment (details) made by the complainant to the Respondent Company. From a close perusal of Ex.P-1 to Ex.P-17 and Ex.R-5 it clearly shows the payment of all (40) installments made by the complainant to the Respondent. The Respondent Company in their written version has not specifically contended the non-payment of any of the installments showing shortage of payment of installments, except a contention in para-6 of the written version that the complainant has been insisting to deduct his last installment from the maturity amount to which the policy of the company does not allow any such adjustments. Even this stray contention of the Respondent has been falsified by their-own document at Ex.R-5 as discussed supra. So it goes to show without any hesitation that the complainant has made payment of all the (40) installments of the Sriram chit transaction.<br /> <br /> 7. It is the case of the complainant that after the payment of all the installments and after the maturity, he made request for making the payment of the chit amount but the Respondent failed to make the payment, so he finally issued a letter dt. 02-01-07 for making payment of the chit amount. He has produced office copy of the said letter at Ex.P-18(1) along with two courier receipts at Ex.P-18(2) & (3) to show the service of said letter on the Respondent.<br /> <br /> The Respondent in their written version has contended that after clearing his last installment due the complainant shall be eligible only for Rs. 95,000/- and not Rs. One Lakh as contended, since the complainant is liable to pay Foreman commission of Rs. 5,000/-. The Respondent Company has filed Account Payee cheque at Ex.R-1 for Rs. 95,000/- bearing NO. 043662 dt. 16-01-07 issued by Sriram Chit (Karnataka) Pvt. Ltd., in the name of the complainant-Madhukar drawn on Laxmi Vilas Bank Ltd., Raichur Jain Temple Road Raichur. So by this cheque it clearly shows, the payment of all the installments made by the complainant and on the maturity of the chit amount, the impugned cheque at Ex.R-1 came to be issued by the Respondent Company by deducting Rs. 5,000/- towards Foreman charges as contended in their written version.<br /> <br /> 8. Now a crucial question arise for our consideration as to whether the Respondent Company is liable to deduct Rs. 5,000/- towards Foreman charges. The complainant has contended that there is no agreement to deduct Rs. 5,000/-out of the matured amount at Rs. One Lakh. The Respondent Company in the written version in Para-11 of the written version has contended that the complainant is eligible only for Rs. 95,000/- and not Rs. One Lakh since the complainant is liable to pay Foreman commission of Rs. 5,000/-. To substantiate this contention the Respondent has produced some documents at Ex.R-3, Ex.R-6, Ex.R-8 & Ex.R-9. Ex.R-3 is the documentation sheet of the Respondent-Company pertaining to the Account of the complainant dt. 16-06-06. It shows the chit value at Rs. One Lakh less bid of Rs. 5,000/- and net amount of Rs. 95,000/- payable to the complainant. Ex.R-6 is Bid Payable Memo dt. 16-06-0-6 showing the chit value at Rs. One Lakh less bid amount of Rs. 5,000/-, net payable Rs. 95,000/- and Foreman commission 5%. Ex.R-8 is Payment Voucher showing the net amount payable at Rs. 95,000/- after deducting Rs. 5,000/- towards Foreman commission. Ex.R-9 is the Advance receipt showing for payment of Rs. 95,000/- by deducting Foreman commission of Rs. 5,000/-.<br /> <br /> 9. The Respondent Company have not produced any agreement or by-laws of the company regarding deduction of Rs. 5,000/- towards Foreman commission. It is significant to note here that during the course of final arguments, the Respondent company took adjournment for production of original Agreement, but on 05-10-07 through memo, has filed Application Form/ Agreement Copy duly signed by the complainant and sought for calling for a copy of the same from the complainant said to have been furnished to him at the time of chit transaction. The complainant in reply has submitted that no such copy has been furnished to him. However the Forum directed the Respondent to furnish original Agreement, since the one furnished by it was a copy. Later on 05-12-07 through memo the Respondent has again filed a copy of the Agreement signed by the complainant as well as OP. The Learned Counsel for the complainant disputed the genuiness of this document for admitting the same in evidence. So after hearing both sides this Forum passed an Order vide Order Sheet dt. 19-12-07 holding that the Agreement deed filed through memo is not admissible in evidence, since we find material alterations, over writings in figures and filling the blanks in the agreement filed through memo said to be original and in the copy of the agreement filed by the very Respondent earlier. The copy of the said Agreement did not tally with the so- called agreement filed with memo dt. 05-12-07. When the copy of agreement filed earlier was not free from doubt, the so-called document said to be original one is also not free from suspicion for the reasons stated in the said order. The Respondent has not preferred any Revision against this order dt. 19-12-07. Hence the order dt. 19-12-07 has become final, holding that the agreement copy produced by the Respondent through memo dt. 05-12-07 is not admissible in evidence. Consequently it follows that the Respondent Company has not produced any evidence to show the agreement between the parties for deduction of Foreman commission at Rs. 5,000/- out of chit amount of Rs. One Lakh. If this is so, then the Respondent Company shall have to pay Rs. One Lakh to the complainant. Therefore we find substance in the contention of the complainant that in-spite of oral request and his request letter at Ex.P.18, the Respondent Company failed to settle his claim for payment of chit amount after maturity. Therefore we hold that the complainant has proved deficiency in service by the Respondent Company. So Point No-1 is answered in the affirmative.<br /> <br /> POINT NO. 2:-<br /> <br /> 11. The complainant has sought for payment of chit amount of Rs. One Lakh, Rs. 10,000/- towards interest @ 24% p.a. from 14-09-06 to 01-03-07 and Rs. 40,000/- towards dividend, interest, bonus, damages etc., totaling to Rs. 1,50,000/-. So far as the first relief regarding payment of chit amount is concerned, in-view of our finding on Point NO-1 the complainant is entitled for chit amount of Rs. One Lakh. <br /> Regarding the claim of Rs. 50,000/- towards interest at 24% p.a, and dividend, interest, bonus, damages etc., having regard to the facts and circumstances of the case as discussed in Point NO-1, we feel that the ends of justice would be met by awarding a global compensation of Rs. 10,000/- including cost of litigation. In this view of the matter we pass the following order.<br /> <br /> <br /> ORDER<br /> <br /> The complaint of the complainant is allowed in part.<br /> The Respondent shall pay chit amount of Rs. One Lakh to the complainant along with a global compensation of Rs. 10,000/-.<br /> The Respondent shall comply this order with in (6) weeks from the date of receipt of copy of this order.<br /> <br /> Failing which the Respondents shall pay interest on the said amount at the rate of 10% p.a. from the date of complaint till payment.<br /> <br /> Office to furnish certified copy of this order to both the parties forth with free of cost.<br /> (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 07-02-08)<br /> Sd/- Sd/- Sd/-<br /> Smt.Pratibha Rani Hiremath, Sri. Gururaj Sri. N.H. Savalagi,<br /> Member. Member. President, <br /> Dist.Forum-Raichur. Dist-Forum-Raichur Dist-Forum-Raichur.