Andhra Pradesh

Chittoor-II at triputi

CC/17/2016

C.V.Subba Reddy, S/o C.Subba Reddy - Complainant(s)

Versus

Sri Rayalaseema Chits (Regd.) Tirupati, Rep. By its Managing Director Sri K.Venugopal Reddy. - Opp.Party(s)

M.Mohan Raju

11 Aug 2016

ORDER

                                                                                     Date of Filing: -27-01-2016                                                                                                            Date of Order:- 11-08-2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI.

Present: - Sri.M.Ramakrishnaiah, President                                                 

Smt.T.Anitha, Member

 

THURSDAY, THE ELEVENTH DAY OF AUGUST, TWO THOUSAND AND SIXTEEN

C.C.No.17/2016

Between

C.V.Subba Reddy, S/o. C.Subba Reddy,

Hindu, aged about 43 years,

Residing at D.No.11-178,

SV Nagar, M.R.Palli,

Tirupati.                                                                               …. Complainant

 

And

Sri Rayalaseema Chits(Regd),

Rep. by its Managing Director Sri. K. Venugopal Reddy,

S/o. Rama Subba Reddy, Hindu, aged about 40years,

Mannemvaripalli Village and Post,

Ailuru Mandal, Badvel Taluk,

Kadapa District.

 

Now residing at:

Sri.K.Venugopal Reddy, S/o. K. Ramasubba Reddy

Vidyanagar, Near Nobel School,

Beside Sura Reddy House,

Siddavatam Road,

BADWEL,

Kadapa District-516 227.                                                    …. Opposite party

 

          This complaint coming on before us for final hearing on 29.07.16 and upon perusing the complaint, written version and other relevant material papers on record and on hearing Sri.M.Mohan Raju, counsel for the complainant, and opposite party is remained exparte, and having stood over till this day for consideration, this Forum makes the following:-

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

           This complaint is filed under Section -12 of the Consumer Protection Act 1986, complaining the deficiency of service on part of the opposite party regarding the payment of the Chit amount paid by the complainant and prayed this forum, to direct the opposite party to pay a sum of Rs.2,70,000/- (Rupees two lakhs seventy thousand only) with interest at 24% p.a. from the date of the chit till the date of realization, and directing the opposite party to pay compensation of Rs.25,000/- (Rupees twenty five thousand only) towards mental agony which amounts to deficiency of service and to pay costs of the complaint.

           2. The brief facts of the case are: The complainant is one of the subscriber in the opposite party Chit No.SR 3ST04/14 for value of Rs.3,00,000/- for a period of 30 months on monthly subscription of Rs.10,000/- and further submitted that the chit was commenced from January, 2010 to March, 2012 the complainant paid the installments every month regularly without default and the opposite party also issued payment receipts. In total the complainant paid installments from January 2010 to March 2012, as the complainant is a successful bidder  in March 2012, he approached the opposite party to pay the prize amount of Rs.2,70,000/-. But the opposite party failed to pay the chit amount to the complainant even after the repeated requests made by him. At last he caused a legal notice on 20.12.2015 calling upon the opposite party to pay the chit amount, but the said notice was refused to receive by the opposite party which is nothing but deficiency of service. Hence he filed the present complaint.

          3. The opposite party remained exparte.

          4.  On behalf of the complainant, he filed his evidence on affidavit and got marked Exs.A1 to A5. The complainant filed his written arguments and oral arguments were heard.

          5.  Now the points for consideration are:

              (i)      Whether there is any deficiency of service on part of the opposite party  

                        towards the complainant? Whether the complainant is entitled to the

                        reliefs as prayed for?

              (ii)     To what Result?

           6. Point No:-(i).  As the opposite party remained exparte the complaint allegations are remained to be unchallenged. As per the Exhibits marked on behalf of the complainant i.e. Exs. A1 to A5 have clearly showed that the complainant was a subscriber of the chit and also proved the payment as entered in the pass book i.e. Ex.A1 and the receipts under Ex.A2 of the complainant.

           The very fact that the opposite party is running the Chit Fund Company and also the complainant was joined as a subscriber in the chit runned by the opposite party. And also he is a successful bidder in March 2012 and the opposite party has to pay the price amount of Rs.2,70,000/- but he failed to pay the chit amount to the complainant. Even after receipt of the legal notice under Ex.A3 dated 22.12.2015 issued on behalf of the complainant which was returned as the opposite party refused to receive the notice which shows the attitude of the opposite party in order to evade the payment to the complainant, who is a subscriber of him which is nothing but deficiency of service on part of the opposite party towards the complainant.

          The complainant showed to have paid Rs.1,94,207/- under Ex.A1. Hence he is entitled for the actual amount paid. As per the Ex.A1 the complainant is entitled for the dividend of Rs.75,793/- and total amount outstanding in the account including dividend comes Rs.2,70,000/-. Hence the extent of granting Rs.2,70,000/- to which the complainant is legitimately entitled, there is no dispute in that payment.  And also the complainant is entitled with interest @ 9% p.a. from the date of the last payment i.e. 27.03.2012 till realization. And also the complainant is entitled of Rs.25,000/- towards compensation  for the deficiency of service.

          7.Point (ii):-   In the result complaint is allowed in part directing the opposite party to pay a sum of Rs.2,70,000/- (Rupees two lakhs seventy thousand only) towards chit amount  with interest @ 9% p.a. from the date of the last payment i.e. 27.03.2012 till realization. The opposite party further directed to pay a sum of Rs.25,000/-(rupees twenty five thousand only)towards compensation for the deficiency of service and to pay a sum of  Rs.2,000/-(rupees two thousands only) towards litigation expenses. The opposite party further directed to comply with the order within six (6) weeks from the date of receipt of the copy of this order. Failing which the compensation amount of Rs.25,000/- (rupees twenty five thousand only) shall also carry interest @ 9% p.a. from the date of the order till realization.

            Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 11^th day of August, 2016.

           Sd/-                                                                                                             Sd/-

   Lady Member                                                                                                          President                              

                                                

APPENDIX OF EVIDENCE

                                Witnesses Examined on behalf of Complainant/s.

 

PW-1: C.V. Subba Reddy (Chief Affidavit filed).

                                  Witnesses Examined on behalf of Opposite PartY/S.

 

NIL

                               EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Sri Rayalaseema Chits Pass book in original issued by the Opposite Party to the Complainant.
	A file of receipts in original for payment of installments by the Complainant to the Opposite Party (27 in Number).
	Office copy of notice issued to respondent and postal receipts. Dt: 22.12.2015.
	Photo copy of Aadhaar Card of Complainant. Aadhaar No.6715 1074 4354.
	Postal return covers with Ack. (Refused) (2).

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

NIL

                                                                                                                             Sd/-               

                                                                                                                                  President

                                                                 // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

                                                 Dist. Consumer Forum-II, Tirupati

 

 

Copies to:  The Complainant

                  The Opposite party.