BEFORE THE DISTRICT CONSUMER
WARANGAL
Present: Sri D.Chiranjeevi Babu
Sri AND
Smt. V.J.
Tuesday the 08th July, 2008
CONSUMER DISPUTE NO. 93/2003
Between:
M.Anand Kumar,
S/Age: 28 yrs., R/o.H.No.9-8-83,
J.P.N.Road,
Warangal. … Complainant
A D
1.
H.No.6-7-104, First Floor,
Warangal.
2.
Sudershan Building,
Post Box No.652, 14 Whites Road,
3.
Sudershan Building,
Calicut – 673 011.
4.
B-513, II Floor, Nehru Ground,
NIT, Faridabad – 1200001,
5.
H.No.5-1-664, 3rd Floor,
Bank Street,
Hyderabad. … Opposite Parties
Counsel for the Complainant :: Sri.
Counsel for the Opposite :: -- In person --
: ORDER ::
Sri D.Chiranjeevi Babu, President
This is a complaint filed by the complainant i.e.
The brief averments contained in the complaint filed by the complainant are as follows:
The case of the complainant is the subscriber in the opposite party Chit Fund Company at Warangal Branch i.e. opposite party No.1 in Group No.FAB-304, Ticket No.14. The chit value is Rs.50 The total period of chit is 25 months and the monthly subscription is Rs.2 The chit commences from 05-11-1999. The complainant submits that since the joining of the chit, he paid the total monthly installment amounts to the opposite party No.1 and obtained the receipt and After completion of the chit period, the complainant made several requests with the opposite party No.1 for payment of the chit amount, but the opposite party No.1 not paid any amount to the complainant. The complainant several times approached personally and also several letters were sent to the opposite party and opposite party No.2, but no response from them. At last the complainant went to the opposite party No.2 i.e. Chennai and met the Director Thereafter the opposite party No.2 issued cheques for Rs.46,750/- and Rs.3,250/- dated 15-03-2002 drawn at Syndicate Bank, The director of the opposite party issued delay in payment of the amount and requested the complainant not to file any case U/Sec.138 of Thereafter the complainant issued a legal notice, the opposite parties gave reply denying the contents and then he filed a complaint before this Forum.
The opposite party has not filed Written Version before this Forum.
It is true that the complainant is a subscriber of Gr.FAB304/14 wherein remitted Rs.42 As per the present payment system approved by Hon’ble High Court of Kerala under whose supervision the company function after deducting company commission and expenses the payable amount will be Rs.39,059/-. On expectation of debtor collection the company has issued It is evident from the enrolment application that the jurisdiction lies only at The State Consumer Forum,
The complainant in support of his claim filed his Affidavit in the form of chief examination and marked Exs.A-01 to A-13. On behalf of opposite parties filed documents but not marked.
Now the point for consideration is whether the complainant is entitled to get an amount of Rs.50
After arguments of the both side counsels, our reasons are like this. In this case this Forum received a letter from Official Liquidator dated 25-04-2005. This letter shows that this matter is pending before the Hon’ble High Court of Kerala not only the subject matter of this case and other cases were also pending before the Hon’ble High Court of Kerala with regard to this case and the Official Liquidator clearly intimated about this case before this Forum, this Forum cannot go and take the delivery of judgment, because the Official Liquidator already clearly stated that, the Office of the Official Liquidator received notice on 27-12-2004 in connection with the application filed by Sri M.Anand Kumar against M/s.Sudarsan Chits (India) Limited and further he stated that, the company is having 104 Branch Offices and all the assets, books and records will be under the control of the Official Liquidator. Some of the offices of the company have been locked and sealed by the Official Liquidator and auction is being taken to seal the remaining Branch Offices also. Regarding the due amount due to the applicant the same can be paid only after realisation of the assets & debts of the company after obtaining orders from the Hon’ble High Court of Kerala. The winding up proceedings are in the preliminary stage. So further he stated that to winding up order has been made or the Official Liquidator has been appointed as Provisional Liquidator, no suit or other legal proceedings shall be commenced or if pending at the date of the winding up order, shall be proceeded with against the company, except by leave of the Hon’ble High Court of Kerala and subject to such terms as the Hon’ble Court may impose.
06. We accept with this letter sent by the Official Liquidator and we come to the conclusion that as per Sec.446 of the Companies Act, 1956, when a winding up order has been made or the Official Liquidator has been appointed as Provisional Liquidator no suit or other legal proceedings shall be commenced or if pending of the winding up order shall be proceeded with against the company, except by leave of the Hon’ble High Court of Kerala and subject to such terms as the Hon’ble Court may impose. So as per the letter it is clear that this Forum cannot proceed in this case or cannot be commenced the case when the order is pending before the Hon’ble High Court of Kerala and subject to such terms as the Hon’ble High Court can impose, so we direct the complainant after disposal of the subject matter by the Hon’ble High Court of Kerala then he has liberty to file a fresh complaint before this Forum, on the above directions we dispose of this petition.
(Dictated to the Stenographer transcribed by him corrected and pronounced by us in the open Forum today i.e. July, 2008).
Member President,
District Consumer Forum, Warangal.
APPENDIX OF EVIDNECE
WITNESSES EXAMINED
ON BEHALF OF O.Ps.
Affidavit of Complainant filed Affidavit of Opposite Parties
EXHIBITS MARKED
ON BEHALFOF COMPLAINANT
01. Ex.A-1 is the Original Passbook of Sudharshan Chits.
02. Ex.A-2 is the Catholic Syrian Bank Ltd., 27-9-02.
03. Ex.A-3 is the letter of India) Ltd., dated 17-08-2002.
04. Ex.A-4 is the Legal Notice, dated 04-07-2003 with acknowledgement
India) Ltd., dated 11-07-2003.
06. Ex.A-6 is the Reply Notice, dated 25-08-2003.
07. Ex.A-7 is the acknowledgement card.
08. Ex.A-8 is the Punjab National Bank Statement, dated 16-12-2002.
09. Ex.A-9 is the 14-12-2002.
10. Ex.A-10 is the Xerox copy of India) Ltd., 23-01-02.
11. Ex.A-11 is the Legal Notice, dated 25-10-2004.
12. Ex.A-12 is the Original Return Cover with
ON BEHALF OF Opposite parties
-- NIL
--
