BEFORE THE A.P.STATE CONSUMER DIPSUTES REDRESSAL COMMISSION :HYDERABAD
F.A.No.631/2006 against C.D.No.232/2001, Dist. Forum, Guntur.
Between:
Chalapathi Chit Fund Private Limited,
Rep. by its Manager /Foreman,
Door No.5-88-1, 2nd floor, 3rd line ,
Lakshmipuram, Guntur – 3. …Appellant/
Opp.party.
And
Smt Nemani Venkata Giribala,
W/o.N.B.V.Prasad,
Occ:Doctor,
C/o.M.Sitaramadas, Advocate,
2/3, Arundelpet, Guntur – 522 002. ….Respondent/
Complainant
Counsel for the Appellant : Mr.A.V.Sesha Sai
Counsel for the Respondent : Mr.G.Dinesh Kumar
CORAM:HON’BLE JUSTICE SRI D.APPA RAO , PRESIDENT,
SMT. M.SHREEHA, HON’BLE MEMBER
AND
SRI K.SATYANAND, HON’BLE MEMBER
FRIDAY, THE TWENTY FIRST DAY OF AUGUST,
TWO THOUSAND NINE.
Oral Order: (Per Smt M.Shreesha, Hon’ble Member)
***
Aggrieved by the order in C.D.No. 232/2001 on the file of District Forum, Guntur, opposite party preferred this appeal.
The brief facts as set out in the complaint are that the complainant joined as a subscriber with the opposite party Chit Fund Company for a chit value of Rs.3 lakhs each under chit nos. ST-2R-4 and ST-2R-14 payable in 30 monthly instalments of Rs.10,000/-. The complainant paid 15 instalments regularly but some payments were not entered in the pass book. The complainant did not pay monthly instalments of January and February 2001 due to oversight and sent two cheques for these two months. But the opposite party returned these two cheques saying that they have allotted the chits to somebody else and that the complainant was terminated and threatened to adjust the amount towards some other chit in which the complainant stood as surety. The complainant requested them to receive the instalments with interest and continue her membership. The opposite party did not refund the amounts paid by the complainant. Hence the complaint seeking direction to the opposite party to refund the chit amounts paid together with interest, compensation and costs.
Opposite party filed counter stating that one Sri.Thummala Venu Babu subscribed for a chit with the opposite party under ticket no.ST2R-05, the value of chit being Rs.3 lakhs and monthly instalments being Rs.10,000/-. He became successful bidder in the auction held on 24.10.99 and agreed to forego Rs.1,20,000/- and his future liability Rs.2,80,000/- . The said T.Venu Babu furnished sureties including that of the complainant herein who executed guarantee in favour of the opposite party on 30.12.99. They also executed promissory note and they were jointly and severally liable to pay Rs.2,80,000/-. The said T.Venu Babu committed default in payment from 5.1.2001 and the opposite party filed O.S. 504/01 before Additional Senior Civil Judge , Guntur against T.Venu Babu and his guarantor in which the complainant is the 7th defendant. The suit was for recovery of Rs.1,52,392/-. On the basis of pronotes and guarantee bonds executed by T.Venu Babu and the complainant the suit was filed for recovery of the amount and submit that there is no deficiency of service on their behalf.
The District Forum based on the evidence adduced i.e. Exs.A1 to A5 and Ex.B1 to B11 documents allowed the complaint partly directing the opposite party to pay Rs.2,37,530/- together with interest @ 9% p.a. from the date of complaint till the date of realization, to pay interest @ 9% p.a. from the date of complaint till the date of realization on the deposit made by the opposite party i.e. Rs.32,470/- together with costs of Rs.4000/-
Aggrieved by the said order the opposite party preferred this appeal.
The facts not in dispute are that the complainant joined as a subscriber in the opposite party Chit Fund Company for a chit value of 3 lakhs vide two chit nos.ST-2R-4 and ST-2R-14 payable in 30 monthly instalments and of Rs.10,000/- each. The appellant/opposite party filed I.A.No.974/09 to file certified copies of judgement and decree 21.7.08 passed by the Court of I Addl Dist. and Sessions Judge, Guntur as additional evidence in this F.A. This I.A. has been allowed It is the case of the complainant that they had paid 15 instalments but some payments were not entered in the pass books and they sent cheques for the remaining instalments but the opposite party issued notice terminating the membership stating that the remaining instalments are not paid. It is the case of the opposite party that as per the terms and conditions of the chit agreement the defaulter is not entitled for the entire amount and moreover the amount attached in I.A.No.1828/2001 in O.S.No.504/2001 is Rs.1,59,131/- and the balance had arrived at Rs.32,470/- and the said amount deposited by way of DD before the Forum at the time arguments . They also submit that the complainant is a defaulter and since her membership has been terminated she is not entitled for any dividends. We have perused the judgement of I Addl.Dist.& Sessions Judge in A.S.No.40/2004 in which the complainant herein was arrayed as defendant no.7 and the Court held that the suit is decreed against D-7 and the Chit Fund Company would have lien against estate of D7 already attached in SF-4 and SF-14. This judgement is dated 21.7.2008. We observe from the record that there is no appeal over this judgement or stay and the order is final and as the complainant has stood as guarantor for the Chit No.ST 2R-05, by virtue of the judgement dt.21.7.2008 the Chit Fund Company can exercise lien over the concerned chit and hence the complainant is not entitled for the amounts for which she stood as guarantor . Hence we are of the considered view that the complainant herein is not entitled to the amounts in view of the attachment and hence this appeal is allowed and complaint is disposed of with a direction that balance amounts if any have to be paid by the opposite party to the complainant.
This appeal is allowed and the order of the District Forum is set aside and consequently the complaint is disposed of with the aforementioned directions.
PRESIDENT
MEMBER
MEMBER
Dt. 21.8.2009
