O R D E R

(By Sri.Ganesh Jadhav, President)

1. THIS IS A COMPLAINT FILED U/SEC 12 OF Consumer Protection Act, 1986.
2. The brief facts of the Complaint are that the Complainant is a resident of Nizamabad.  The Opposite party also a resident of Nizamabad and she used to deal with Chit fund business under the name & Style of Vasavi Chits.  Having lured with the assurance of Opposite party, the complainant has subscribed a chit of Rs.1,20,000/- value. As per Rules which stated by opposite party are that the member should pay Rs.4000/- Per month for 20 months.  The Opposite party would Pay Rs.1,20,000/- after completion of chit Period.  Accordingly the Complainant has subscribed the chit which was commenced from 15-06-2009 and paid the entire 20 installments upto 15-05-2011.  The Opposite party has issued Pass book and in the said Pass book the Payments made by Complainant are endorsed with the Signature of opposite party.  After completion of said 22 months period the complainant demanded the opposite party to pay the chit amount but the opposite party failed to pay the amount, and despite his repeated demands the Opposite Party executed a document dt:31-10-2011 agreeing to pay said amount of Rs.1,20,000/- on or before 28-02-2012 without fail.  After lapsed the said period also, the opposite party failed to pay the said amount and dodging the matter on one or other pretext.

The act of Non–Paying the chit amount is clearly shows improper Service and gross negligence on the part of opposite party.  Therefore the complainant is entitled to claim a sum of Rs.50,000/- as damages for causing mental agony, Physical sufferance and loss of income beside the Principal chit amount of Rs.1,15,000/- with interest @ 24% P.A.

1. The Opposite remained exparte from 15-05-2014 throughout the Proceedings.
2. During enquiry, the complainant has filed his evidence affidavit as Pw1 and got marked Exs. A1 and A2 documents and closed his evidence.
3. Heard Arguments
4. The Points for consideration are:-

1. Whether there is any deficiency in Service on the part of opposite party towards chit transaction?
2. To what Relief?

7.       Point No. 1 & 2 :-

                   The case of the complainant is that the opposite party used to deal with the chit fund business under the name & style of Vasavi chits.  The complainant has subscribed a chit value for Rs.1,20,000/- and paid the total installments.  The opposite party has failed to re-pay the chit amount but executed a document Dt 31-10-2011 agreeing to pay the chit amount on or before 28-02-2012 without fail.  After lapsed of said period also the opposite party has failed to pay the chit amount.

                   The opposite party through her Advocate appeared before the forum, but failed to submit her counter in to the case and she remained exparte throughout the Proceedings.

     In order to prove the case, the complainant has filed his Affidavit as evidence and relied upon Ex.A1 & A2 documents.

     Ex.A1 is the Vasavi chits Pass-book in the name of Complainant showing the payments of 22 chit installments @ Rs.4000/- per month from 15-06-2009 to 15-03-2011 along with chit Regulations. Ex.A2 is the document executed  on  Non-Judicial Stamp Paper worth of Rs.50/- on 31-10-2011 wherein the opposite party has undertaken that she will re-pay the  balance chit amount of Rs. 60,000/- along with debt due amount of Rs.55,000/- to the complainant on or before 28-02-2012.

     We have heard the arguments of counsel for complainant and perused the Ex.A1 & A2 documents along with the case record.  Ex.A1 is reflecting the payments of chit installments @ Rs.4000/- per month from 15-06-2009 to 15-03-2011 ie 22 months but not 20 months as pleaded in the complaint.  Hence we are in opinion that the chit period is 25 months for the chit value of Rs.1,20,000/- with monthly installments @ Rs.4000/- per month.  The Ex.A1 also showing the name of complainant in the address column. There are Signatures against each payment of installments in Ex.A1.  The balance chit due amount of Rs.60,000/- along with debt due amount of Rs.55,000/- are endorsed in Ex.A2 document. There is an undertaking that the balance chit due amount along with debt due amount will be paid on or before 28-02-2012.  The contents of Ex.A2 are showing that the Ex.A2 document was executed on 31-10-2011 by opposite party infavour of complainant in-respect of balance chit due amount of Rs.60,000/- along with debt due amount of Rs.55,000/-.

     There are two counts in Ex.A2. One is in-respect of balance chit due amount of Rs.60,000/- and another one is in-respect of debt due amount of Rs.55,000/-. This Forum has no Jurisdiction to entertain the debt due recovery findings as per section 14 of the Consumer Protection Act 1986.  Therefore we are of considered opinion that the contents in a count in-respect of balance chit due amount which endorsed in Ex.A2 document can be entertained before this Forum.

  There is no re-butting evidence to the evidence of Ex.A1 & A2 documents.  The opposite party has not chosen to file her counter in to the case of complainant nor re-butted the evidence to the evidence of Ex.A1 & A2 which are the material documentary evidence relied by  the complainant.  Hence we are of considered view that the Opposite party has run the chit in the name & style of Vasavi Chits and the complainant has subscribed the chit value for Rs.1,20,000/- for the period of 25 months commenced from 15-06-2009 and paid upto 22 months chit installments and there is balance chit due  amount of Rs.60,000/- payable to the complainant.  Further the opposite party has failed to repay the said chit amount of Rs.60,000/- to the  complainant even after executed the Ex.A2 document agreeing to repay the same on or before 28-02-2012.  Therefore we are of the opinion that there is deficiency of service on the part of opposite party in Non-payment of balance chit due amount to the complainant. 

     Further the claim of complainant is for the relief of damages for causing mental agony and physical sufferance for which the complainant has not adduced any evidence to show as to how he is entitled for damages in addition to the  relief of chit amount.

                   In view of aforesaid findings, the opposite party is liable to pay the  balance chit due amount of Rs.60,000/- only with interest to the complainant as per Ex.A1 & A2 documents with cost of the complainant. Therefore we answered the point No.1 & 2 infavour of complainant. 

8.       IN THE RESULT the Complaint is allowed in part as under.

1. The opposite party is directed to pay the  balance chit due amount of Rs.60,000/- with 9% interest from 28-02-2012 till realization to the complainant.
2. The opposite party is also further directed to pay Rs.1000/-to the      complainant towards cost of the complaint.

                   Typed to Dictation corrected and pronounced by us in Open Forum on this the 30^th day of October, 2014.