Filing Date:04.06.2012
Order Date:16.04.2014
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, TIRUCHIRAPPALLI
PRESENT : Thiru A.AYYAPPAN, MA., B.L., PRESIDENT
Thiru. P.VISHAKAN, BSc., MEMBER I
CONSUMER COMPLAINT No.72 of 2012
WEDNESDAY, THE 16th DAY OF APRIL, 2014.
R. Prasath, S/o. Ramalingam,
No. 9/11 West Street,Thottiyam Thaluk,
Trichy (Dt) Complainant
Versus
1. The Branch Manager,
Shriram Chits Tamilnadu (P) Ltd.,
Musiri Branch, Musiri.
2. The Regional Manager,
Shriram Chits Tamilnadu (P) Ltd.,
Rajapark, Madurai Road,
Trichy. Opposite Parties
This complaint is coming on for final hearing before us on 02nd day of April, 2014 in the presence of Thiru D. Kesavan, Counsel for Complainant, Thiru S.P. Ganesan, Counsel for Opposite Parties, perused both side documents, heard both sides and the case having stood over to this day for consideration, this Forum passed the following:
ORDER
Thiru A.Ayyappan (President)
1) This Complaint is preferred by the complainant under Section 12 of the Consumer Protection Act, 1986 for the following reliefs:
a) To direct the opposite parties to release the complainant chit amount
Rs. 72,400/- (Or)
to direct the return Rs.17,025/- paid by the complainant for the chit
b) To award damages of Rs. 25,000/- for pain and suffering, mental agony
c) To award Rs.25,000/- towards compensation and
d) To award costs of this petition and thus render justice.
2) The brief facts of the complainant case is as follows: The first opposite party is one of the branch offices of the 2nd opposite party. The second opposite party is a head office of the 1st opposite party and also one of the largest chits company in the Tamilnadu. The complainant states that on October 2011 join the chit run by the 1st opposite party vide chit group No. Brcd/Grp/Tkt: 4123/53476/5 chit amount is Rs. 1,00,000/- the said chit period is 40 months and also the complainant accepted to pay the monthly subscription of Rs.2,500 onwards. The 1st opposite party staff namely karthick and others are given an assurance to the complainant stating that after paying few installments the complainant is eligible to participate auction of the chit and also getting prize amount.The complainant paid subscription amount for 9 months without any default to the 1stopposite party as per the rules and regulation followed by them. Till date the complainant paid Rs.17,025/- to the opposite parties chit. The complainant participate the auction conducted by the 1st opposite party on 15.12.2011 and also he won the chit after reduce the discount amount and got the prize amount Rs.72,400/- only. The 1st opposite party officials says that the complainant shall produce the two government staff sureties for the purpose of security purpose then only there release the chit amount. The complainant produce the two government employee sureties namely Ramachandran, Govt School teacher and another is Thiruganasampantham highway department to the 1st opposite party and obtainedsignature of the complainant and his sureties in blank and printed papers and etc., Even after that the 1st opposite parties did not release amount. This is purely deficiency of service and 2nd opposite party never care about compliant requisition.The complainant issued a legal notice through his counsel to the opposite parties. The opposite parties received notice. The 1st opposite party simply says that sureties not satisfied produced by the complainant and the complainant asked to produce another two government sureties. The another sureties produced by the complainant also not accepted by the opposite parties. Hence he filed this complaint and prays for directing the opposite parties to release the complainant chit amount Rs. 72,400/-(Or) to return Rs.17,025/- paid by the complainant for the chit, to award damages of Rs. 25,000/- for pain and suffering, mental agony, to award Rs.25,000/- towards compensation and to award costs of this petition and thus render justice.
3) The opposite parties filed counter. The brief contention in the counter of the opposite parties are as follows: The Hon’ble Forum has no jurisdiction, the Chit Registrar alone has got jurisdiction. The compliant is not maintainable either in law are on facts. The petitioner is put to strict proof of each one of the allegations made in the affidavit. The compliant is one of the subscribers of the chit group 53476/5 chit value Rs.1,00,000/- total instalments 40. The compliant participated in the auction held on 15.12.2011. the compliant was a successful bidder. The prize amount Rs.72,400/- The opposite party asked the complainant to produce the two sureties of Govt, Servent to the satisfaction of the foremen. The sureties produced by the compliant is not to the satisfaction of the foremen. The complainant without producing some other two sureties to the satisfaction of the opposite parties issued legal notice that was duly replied. The opposite party is always ready to pay the prize money if the compliant produce two sureties to the satisfaction of the foremen, as per the rules of the company. The allegations stated in para 7,8,9 of the affidavit are not correct. There is no intentional delay on the part of the opposite party. The question of cheating and defraud does not arise. There is no mental agony and nerves shock to the complainant. There is no deficiency of service on the part of the opposite party. There is no cause of action for the complaint. Hence it is prayed that this Hon’ble Forum may be pleased to dismiss the complaint with costs.
4) After perusing the complaint, counter and documents filed by both sides, the points for determination are as follows:
5) Points:
1) Whether the opposite parties have committed deficiency of service?
2) Whether the complainant is entitled for chit amount, compensation and
cost as prayed for?
6) The complainant has filed proof affidavit. The brief contention in the proof affidavit of the complainant is as follows: The complainant states that on October 2011 join the chit run by the 1st opposite party vide chit group No. Brcd/Grp/Tkt: 4123/53476/5 chit amount is Rs. 1,00,000/- the said chit period is 40 months and also the complainant accepted to pay the monthly subscription of Rs.2,500 onwards. The 1st opposite party staff namely karthick and others are given an assurance to the complainant stating that after paying few installments the complainant is eligible to participate auction of the chit and also getting prize amount. The complainant paid subscription amount for 9 months without any default to the 1st opposite party as per the rules and regulation followed by them. Till date the complainant paid Rs.17,025/- to the opposite parties chit. The complainant participate the auction conducted by the 1st opposite party on 15.12.2011 and also he won the chit after reduce the discount amount and got the prize amount Rs.72,400/- only. The 1st opposite party officials says that the complainant shall produce the two government staff sureties for the purpose of security purpose then only there release the chit amount. The complainant produce the two government employee sureties namely Ramachandran, Govt School teacher and another is Thiruganasampantham highway department to the 1st opposite party and obtained signature of the complainant and his sureties in blank and printed papers and etc., Even after that the 1st opposite parties did not release amount. This is purely deficiency of service and 2nd opposite party never care about compliant requisition. The complainant issued a legal notice through his counsel to the opposite parties. The opposite parties received notice. The 1st opposite party simply says that sureties not satisfied produced by the complainant and the complainant asked to produce another two government sureties. The another sureties produced by the complainant also not accepted by the opposite parties. Hence he filed this complaint and prays for directing the oppsite parties to release the complainant chit amount Rs. 72,400/-(Or) to return Rs.17,025/- paid by the complainant for the chit, to award damages of Rs. 25,000/- for pain and suffering, mental agony, to award Rs.25,000/- towards compensation and to award costs of this petition and thus render justice.
7) There were 4 documents marked on the side of the complainant. They are as follows: Instalment payment details is marked as Exhibit A1, Legal notice issued by the complainant’s Counsel is marked as Exhibit A2, Courier receipts is marked as Exhibit A3 and Letter issued by the 1st Opposite party is marked as Exhibit A4.
8) The opposite party has filed proof affidavit. The brief contention in the proof affidavit is as follows:The complaint is legally unsustainable either in law or on facts and the complainant is not entitled to the relief as prayed for. The complainant was not maintaining the accounts with this opposite party since July 2010 is specifically denied as false. The account become dormant there is no debit transaction initiated by the account holder for one year from the date of last debit transaction. But however credit transactions are allowed in the account even if the account is in dormant status. The opposite party is scheduled commercial bank governed by Reserve Bank of India. The charges are applied in the account as per schedule of charges sent to the account holder along with the welcome kit at the time of opening and changes, if any, are communicated to the account holders incorporating the same in the quarterly account statement and updating the same in their website. There is no separate notice required to be sent for recovery of charges as this is a centralized process based on the status of the account. There is no deficiency of service on the part of the opposite party. Hence it is prayed that this Hon’ble Forum may be pleased to dismiss the complaint with costs.
9) There were three documents filed on the side of the opposite party. They are as follows: Letter issued by the 1st Opposite party is marked as Exhibit B1,Reply Notice, Dt.17-03-12 is marked as Exhibit B2 and Acknowledgement Card is marked as Exhibit B3.
10) Point No.1Heard both sides. There is no dispute that the complainant is the subscribers of Chit Group Ticket No.4123/53476/5 for Rs.1,00,000/- and total instalments 40. Both side also agree that the complainant participated in the auction held on 15-12-2011. The complainant filed Exhibit A1 which shows the instalment payment details and also auction date and time and other particulars. Exhibit A2 is the legal notice and Exhibit A3 is the courier receipt. The Learned Cournsel for complainant contended that the complainant participated in auction and won the chit and after reduce the discount amount the complainant has right to get the price amount of Rs.72,400/-. The opposite parties sent a notice to the complainant agree the above contention and produce two government sureties and get the price amount of Rs.72,400/- The complainant also produced the two government sureties. Even after that the opposite parties refused to release the chit amount. Hence the opposite parties have committed deficiency in service. The opposite parties filed Exhibits B1 to B3. Exhibit B1 is the Xerox copy of the Exhibit A1, which was filed by the complainant. Exhibit B2 is the reply notice and Exhibit B3 is the acknowledgement due card. There is no valid documents filed on the side of the opposite parties. In the case, in our hand it is clearly seen that the complainant has paid subscription amount for 9 months to the 1st opposite party totally Rs.17,025/- without any default. As per Exhibit A4, the complainant has participated in the auction and won the price amount of Rs.72,400/- Considering Exhibit A4, the opposite parties have committed deficiency in service. The complainant filed this complaint and prayed for directing the opposite parties to release the chit amount of Rs.72,400/- or to return Rs.17,025/-towards the chit. As far as Exhibit A4 is concerned, the opposite parties have committed deficiency in service, we decide that the opposite parties are liable to pay Rs.17,025/- with interest. The opposite parties have not filed any valid documents to prove their case. Therefore, the opposite party have committed deficiency in service and we answer this point accordingly.
11) Point No.2: While answering the Point No.1 that there is deficiency of service on the part of the opposite parties, the opposite parties jointly and severally are liable to pay the chit subscription amount for Rs.17.025/- with interest at the rate of 8.5 percentage per annum from the date of filing of this complaint along with cost and we answer this point accordingly.
In the result, the complaint is allowed with cost of Rs.1,000/-. The opposite parties jointly and severally are liable to pay the chit subscription amount for Rs.17.025/- with interest at the rate of 8.5 percentage per annum from the date of filing of this complaint (04-06-2012) to till date of realization. The opposite parties are directed to pay Rs.2,500/- towards compensation for damages, pain and sufferings. The opposite parties are further directed to pay the above amounts within a month from the date of receipt of this order. As far as other reliefs are concerned, the complaint is dismissed without costs.
This order was dictated by the President to the Steno-typist, typed by her, corrected, signed and pronounced by us in open Forum, today on this 16th day of April, 2014.
- Sd/- Sd/-
MEMBER II MEMBER I PRESIDENT
I) List of Documents filed on the side of the Complainant:
Exhibit A1: Instalment payment details (Xerox).
Exhibit A2: Legal notice issued by the complainant’s Counsel (Office Copy).
Exhibit A3: Courier receipts (2 Nos) (Original).
Exhibit A4: Letter issued by the 1st Opposite party (Original).
II) List of Documents filed on the side of the Opposite Parties:
Exhibit B1: Letter issued by the 1st Opposite party (Copy).
Exhibit B2: Reply Notice, Dt.17-03-12 (Copy).
Exhibit B3: Acknowledgement Card (Original).
III) List of witnesses examined on the side of the Complainant:
- Nil –
IV) List of witnesses examined on the side of the Opposite Parties:
- Nil –
V) Any other Documents:
- Nil –
Sd/- Sd/-
MEMBER II MEMBER I PRESIDENT
