O   R   D   E   R

          This is a complaint filed under Section 12 of Consumer Protection Act seeking the reliefs to direct the O.Ps to pay the bid amount of Rs.1,20,000/- with interest @ 24% p.a., from the date of auction till the date of payment and also to pay Rs.20,000/- towards damages for causing mental agony to the complainant and Rs.50,000/- towards compensation and costs on the following averments:

          On the insistence of the men of O.Ps in the month of December,2013 the complainant joined in a vacant chit in group No.FVZT07G-16 which for the chit value of Rs.2 Lakhs and the monthly installment to be subscribed was at the rate of Rs.4,000/- per month for 50 months.  The complainant paid a sum of Rs.13,572/- under a receipt towards the above said chit.  In the month of January, 2014 the complainant participated in the auction held by the O.Ps and became the highest bidder as she agreed to forego Rs.80,000/- from out of the total chit amount and furnishing sureties to enable the O.Ps to pay the bid amount but of no avail.  Many a times the complainant approached the O.Ps and requested them to pay the bid amount but on one pretext or the other the O.Ps postponed to pay the said amount to her.  The complainant got issued a notice dated 30-6-2014 calling upon the O.Ps to pay the above said amount but to no effect.  After the case was filed in this Forum a notice was sent to them and the same they having received the same have engaged a counsel to defined them but for the reasons best known they did not file any counter.

          To substantiate the complainant’s case the chief affidavit of complainant is filed and Ex.A.1 and A.7 are marked on her behalf. 

          Perused the material placed on record. Now the point for consideration is whether the complainant is entitled to get the reliefs prayed for ?

          As seen from the pleadings, evidence and contents of Ex.A.1 to A.7 it is manifest that under Ex.A.1 the complainant joined in the chit group No.FVZT07G-16 dated 16-12-2013 and on 4-1-2014 she has paid a sum of Rs.10,700/- towards the chit installments upon which she was given Ex.A.3 pass book and in the auction filed in the month of January, 2014 she participated in the same and has agreed to forego Rs.80,000/- and became the highest bidder and to receive the prize amount she has furnished two sureties but the prize amount was not paid to her.  Ex.A.4 is the copy of notice got issued by the complainant calling upon the O.Ps to pay the prize amount and under Ex.A.5 acknowledgement the 1^st O.P received the above said notice and as per the contents of Ex.A.6 the notice sent by the complainant was served upon the 2^nd O.P and inspite of the receipt of the said notice, they did not respond to the same.  Since the O.Ps did not file any counter refuting the allegations made in the complaint it amply suggest that the contents of the complaint are true and correct.  Ex.A.7 is the demand letter issued by the 1^st O.P calling upon the complainant to pay a sum of Rs.16,870/- on or before  10-7-2014.  If really the complainant was not the subscriber of the chit No.FVZT07G-16 the O.Ps had no necessity to issue the above said notice.  As we have already stated supra the complainant got issued Ex.A.4 notice calling upon the O.Ps to pay the prize amount.  If the contents of the above said notice are not true and correct they would have given a reply to the same.  Under Ex.A.7 notice the complainant was called upon to pay a sum of Rs.16,870/- on or before 10-7-2014.  Ex.A.4 notice is dated 30-6-2014 and subsequent to receipt of the notice the 1^st O.P issued Ex.A.7 demand letter.  Since the O.Ps did not come to the Forum to contest the case and as the contents of complaint, chief affidavit of P.W.1 and Ex.A.1 to A.6 are remained uncontroverted we are of the considered opinion that the O.Ps did not pay the prize amount to the complainant as averred in the complaint. 

          As the complainant was not given the prize amount and was made to run to the office of 1^st O.P many a time in this regard she must have suffered mental agony and physical strain.   Hence, in the above said facts and circumstances we are of the considered opinion that there is deficiency in service on the part of men of O.Ps and as such the complainant has rightly filed this complaint to get her grievances redressed.  

          In the result, the complaint is partly allowed directing the O.Ps to pay the prize amount of Rs.1,20,000/- (Rupees one lakh, twenty thousand only) to the complainant with interest @ 12%p.a., from the date of notice dt.30-6-2014 till payment is made and also to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards damages for causing mental agony to the complainant which includes the advocate fee of Rs.2,000/- (Rupees two thousand only).  The O.Ps are further directed to comply the order within one month from the date of receipt of the order.

Dictated to the Typist, transcribed by her, corrected by me and pronounced by us in the open Forum, this the 20^th day of March, 2015.

Member                                                           President.

C.C. 65 of 2014

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

     For P.W.1                                                                  For R.W.1                                                                               

DOCUMENTS MARKED.

For complainant:-

1. Ex.A.1 Cash Receipt for Rs.13,572/-  dt.16-12-2013
2. Ex.A.2 Cash receipt for Rs.10,700/- dt.4-1-2014
3. Ex.A.3 Pass Book issued by 1^st O.P.
4. Ex.A.4 Office copy of registered lawyer notice dt.30-6-2014
5. Ex.A.5 Postal Ack., dt.15-7-2014
6. Ex.A.6 complaint settled reply from Supt.of Post Offices dt.1-9-14
7. Ex.A.7 Demand letter from the 1^st O.P.

For O.P:-   NIL                                                                                                                                                                                                                President.