Andhra Pradesh

Chittoor-II at triputi

CC/62/2013

D.Lokesh S/o.D.Jaya Prakash Rep. By his Father D.Jaya Prakash - Complainant(s)

Versus

Sri Rayalaseema Chits, Tirupati. - Opp.Party(s)

M.Subrahmanyam

07 May 2016

ORDER

                                                        Date of Filing: - 12-09-2013                                                                                                  Date of first Disposal:  24.07.2014    

                                                        Matter remanded and case restored: 25.01.2016

                                                        Date of second Disposal: 07.05.2016

 

     BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,    

CHITTOOR AT TIRUPATI.

Present: - Sri.M.Ramakrishnaiah, President                                                     

                                                      Smt.T.Anitha, Member

    SATURDAY, THE SEVENTH DAY OF MAY, TWO THOUSAND AND SIXTEEN

C.C.No.62/2013

Between

D. Lokesh, S/o. D. Jaya Prakash,

Rep. by his father D. Jaya Prakash,

Hindu, aged 14 years, residing at Plot No.36,

S.D.K. Nagar, Opp. Government Hospital,

Srikalahasthi Post & Mandal, Chittoor District.                  …. Complainant

 

And

Sri Rayalaseema Chits,

Rep. by its Manager K. Venugopal Reddy,

S/o. Rama Subba Reddy, Hindu, aged about 43 years,

D.No.6-1-260, 1^st Floor, Varadaraja Nagar,

K.T.Road, Tirupati, Chittoor District.

 

Now residing at:

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

Vidyanagar,Near Siddavatam Road,

BADWEL,

Kadapa District-516 227.                                                       …. Opposite party

(as per memo filed by the complainant in S.R.No.86 dt: 02.02.2016)

           

          This complaint coming on before us for final hearing on 02.05.2016 and the complainant himself appeared as party in person upon perusing the complaint, affidavit and written arguments of  the complainant and opposite party is remained exparte having stood over till this day for consideration, the Forum made the following.

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

         This complaint is filed under Sections -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.3,00,000/- (Rupees three lakhs only)with interest at 18% p.a. from the date of the final payment of the subscription 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 opposite party is running Sri Rayalaseema Chit Fund Company and having its office at K.K. Layout, Tirupati. The complainant is one of the subscribers in a chit group No. SR3-ST02/17 for the value of Rs.3,00,000/- for a period of 30 months commencing from the month of August 2008 and the complainant also paid subscription for 30 months in full up to January 2011. The opposite party also issued passbook and receipts for the payment of monthly subscription. The complainant further submits that he was joined in a running chit offered by the opposite party and paid Rs.99,967/- vide receipts no.1293 on 28.10.2009 towards 1 to 15 installments commencing from August 2008 to October 2009 and continued as a member and paid all the installments  up to January 2011. After the completion of the chit, the opposite party failed to pay the chit amount to the complainant even after repeated representations made by the complainant and he shifted the office without intimation to the complainant. subsequently, the complainant also got issued legal notice to the opposite party and opposite party received the same. But neither he complied nor respond and it is therefore the complainant filed the present complaint before this Forum. Hence the complaint.

          3. The opposite party remained exparte.

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

          5.  Now the points for consideration are:

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

                        towards the complaint? 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 complainant 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.A3 and the receipts under Ex.A2 of the complainant.

           The very fact that the opposite party shifted his address without the notice of the subscribers and also he failed to pay the chit amount to the complainant. Even after receipt of the legal notice under Ex.A4 dated 27.12.2012issued on behalf of the complainant clearly shows the attitude of the opposite party in order to evade the payment to the subscribers. He kept silence even after receipt of the notice which is nothing but deficiency of service on part of the complainant.

          The complainant showed to have paid Rs.2,28,057/- under Ex.A3. Hence he is entitled for the actual amount paid. As per the Ex.A3 the complainant is entitled for the dividend of Rs.71,943/- and total amount outstanding in the account including dividend comes Rs.3,00,000/-. Hence the extent of granting Rs.3,00,000/- 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. 09.01.2011 till realization. And also the complainant is entitled of Rs.25,000/- compensation towards deficiency of service.

          7.Point (ii):-   In the result complaint is allowed in part directing the opposite party to pay a sum of Rs.3,00,000/- (Rupees three lakhs only) towards chit amount with interest @ 9% per annum from the date of last payment i.e. 09.01.2011 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 costs of the 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% per annum 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 07^th day of May, 2016.

          Sd/-                                                                                                                         Sd/-                                                                                                        

  Lady Member                                                                                                             President

 

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant.

 

PW-1: D. Jaya Prakash (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite Party.

 

 NIL

 

                 EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT

 

Exhibits (Ex.A)	Description of Documents
	Photo copy of the receipt No.1293 issued by the Opposite party to the Complainant. Dt: 28.10.2009. Ex. A-1.
	15 Photo copies of receipts issued by the Opposite party to the Complainant. Dt: 29.11.2009 to 09.01.2011.  Ex. A-2.
	Photo copy of pass book issued by the Opposite party in favour of the Complainant. Ex. A-3.
	Office copy of the Legal Notice issued to Opposite Party. Dt: 27.12.2012. Ex. A-4.
	Acknowledgement of the Opposite Party for the Legal notice. Dt: 29.12.2012. Ex. A-5.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY

 

NIL

 

                                                                                                                                        Sd/-

President

                                                           // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

                                                     Dist. Consumer Forum-II, Tirupati.

 

Copies to:  The Complainant.

                  The Opposite party.