DATE OF FILING :04/05/17
IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 27th day of April 2018
Present :
SRI. S. GOPAKUMAR PRESIDENT
SRI. BENNY. K. MEMBER
CC NO. 84/17
Between
Complainant : Binsen, S/o Augustian,
Parakkudiyil House,
Upputhodu P.O.,
Upputhodu.
(By Adv: Shiji Joseph)
And
Opposite Party : 1 . Sree Gokulam Chits & Finance Co.(P) Ltd.,
Reg. Office Sree Gokulam Towers-66,
Arcot Road, Kodambakkam Chennai,
Represented by its Managing Director.
2 . The Manager,
Sree Gokulam Chits & Finance,
Thodupuzha Raod,
Cheruthony.
(Both by Adv: V.K.Beena)
O R D E R
SRI. BENNY. K. (MEMBER)
The case of the complainant is that,
The complainant had joined in a chit conducted by the opposite parties for an amount of Rs. 10 Lakhs on 18/02/14 as chit No.G 27/198/34. While joining the chit the second opposite party told the complainant that, they would conduct auction for the chit. But after paying the first instalment opposite parties told that, they are not conducting auction and the chit is controlled by the first opposite party they return the money only after 5th instalment. Hence the complainant was not interested to continue the chit and demanded back the money he paid.
The chit was concluded in September 2016. However in spite of repeated demand, the opposite party did not re- paid the money. Hence the
(Cont....2)
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complainant approached this Forum for getting back the money from the opposite parties.
As per the written version filed by the opposite parties, it is admitted that the complainant had joined in the chit conducted by the opposite parties for sale of Rs.10,00000/- from the branch of the second opposite party. After paying the first instalment the complainant did not paid the next instalment. The second opposite party clearly explained all the rules of the chit at the time of joining. But the complainant did not obeyed the rules of the chit and not ready to pay further instalments. The second opposite party never cheated the complainant. In every chit the foreman is entitled to get 5% commission as per section 21 of the chit Act. The complainant paid the first instalment and not turned up to pay further instalments, is the violation of the chit agreement.
The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?
The evidence consist only documentarily. Ext.P1 marked from the side of the complainant and Ext. R1 to Ext.R9 marked from the side of the opposite parties.Ext.P1 is the Details of Chit Pass Book. Ext.R1 is the Chit Agreement, Ext.R2 is the Endorsement of Registration, Ext.R3 is the Certificate of Commencement of chit, Ext.R4 is the Certificate of Sufficiency of Security, Ext.R5 is the Receipt dated 10/04/14, Ext.R6 is the name and address of the subscriber and witness, Ext.R7 is the Application Form for Registration, Ext.R8 is the subscribers list, Ext.R9 is the Minutes .
The complainant had joined in a chit conducted by the opposite parties for an amount of Rs.10 Lakhs on 18/02/14. While joining the second opposite party assured the complainant that they would conducted auction for the chit. But after paying the first instalment, opposite party told that the chit is controlled by the first opposite party and they are not conducting auction, and they will pay the money only after the 5th instalments. The complainant felt cheated and demanded back the money he paid. In spite of repeated demand the opposite parties never turned up to return the money. Hence the complainant approached before this Forum for getting back the money and for
(Cont....3)
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compensation.
As per the written version filed by the opposite party, it is admitted that the complainant had joined in the chit conducted by the opposite parties for sale of Rs.10,00000/- from the branch of second opposite party, Ext.R1 to Ext.R8. After paying the first instalment, the complainant did not turned up. The second opposite party clearly explained all the rules of the chit while joining. But the complainant did not obeyed the rules of the chit and did not paid the further instalments. In every chit the foreman is entitled to get 5% commission as per the section 21 of the Chit Act. The complainant paid only the instalment and did not paid future instalments is a violation of the chit agreement.
On going through the evidence on record, it is an admitted fact that the complainant paid an amount of Rs.50,000/- as first instalment on 18/02/14 on the firm belief that, he will get the prized chit amount in the next month itself as assured by the first opposite party. But on enquiry he learnt that, they are conducting only auction and that is beginning from the fifth instalment onwards. Hence the complainant withdrawn from remitting the further instalments. It is also pertinent to note that due to the withdrawal of the complainant in paying further instalments, whether the opposite parties caused any financial loss or hardship. For proving any financial loss no evidence is produced by the opposite parties before this Forum. At this juncture opposite parties are bound to pay the amount remitted by the complainant in the above discussed chit after the duration of the chit period. As per the record, the chit was commenced on 18/02/14 and its duration was for 20 months and it matured on 18/10/15. Hence the Forum direct the opposite parties by deducting an amount of Rs.5000/- being the chit expenses and to pay Rs.45000/- to the complainant within one month from the date of receipt of the copy of this order. Failing which amount shall carry 12% interest per annum from the date of default till the realization
Pronounced in the Open Forum on this the 27th day of April, 2018.
Sd/-
SRI. BENNY. K. (MEMBER)
Sd/-
SRI. S. GOPAKUMAR (PRESIDENT)
(Cont....4)
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APPENDIX
Depositions :
On the side of the Complainant :
Nil
On the side of the Opposite Party :
Nil
Exhibits :
On the side of the Complainant :
Ext.P1 - The Details of Chit Pass Book
On the side of the Opposite Party :
Ext.R1 - The Chit Agreement
Ext.R2 - The Endorsement of Registration
Ext.R3 - The Certificate of Commencement of chit
Ext.R4 - The Certificate of Sufficiency of Security
Ext.R5 - The Receipt dated 10/04/14
Ext.R6 - The name and address of the subscriber and witness
Ext.R7 - The Application Form for Registration
Ext.R8 - The subscribers list
Ext.R9 - The Minutes
Forwarded by Order,
SENIOR SUPERINTENDENT
