This C.C. is coming on before us for hearing in the presence of Sri Danda Sudhakar Rao, Advocate for Complainant and of Opposite party called absent; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following order;

O R D E R

(Per Sri R. Kiran Kumar, FAC President)

          This Complaint is filed u/s.12-A of Consumer Protection Act, 1986. 

2.      The averments made in the complaint are that the complainant is the subscriber in opposite party company, vide Chit Group No.FKMS 15F-25, for chit value of Rs.1,00,000/- for 25 months period @ Rs.4,000/- P.M.   The complainant submitted that he is also subscriber in another Chit in Chit Group No.FKMS 15-F and he is paying the subscription amount regularly in both the chits.  The complainant further submitted that, he had participated in the Chit auction on 28-03-2016 in Group No.FKMS 15F-25 for Rs.1,00,000/- and become successful bidder and agreed to forgo an amount of Rs.7,000/- and opposite party advised him to produce surities.  The complainant further submitted that he produced the surety of another chit to the auction amount as lean immediately and the opposite party company has to pay the chit amount within one month.  The complainant also submitted that inspite of lapse of one month period, the opposite party failed to pay the prize amount to the complainant and postponed the same one pretext or the other, the employees of opposite party and account officer had given negligent reply, due to which, the complainant suffered both mentally and could not utilize the chit prize amount in proper manner.  The complainant further submitted that on persistent requests and making rounds, the opposite party had given the cheque for Rs.92,292/- dt. 27-05-2016, due to delay in payment of prized amount, the complainant lost one month interest on the said amount, as he had obtained loans on interest from third parties, he was forced to obtain finance from financiers on higher interest.   The complainant further submitted that vexed with the attitude of opposite party, he has issued legal notice to the opposite party on 21-07-2016 demanding the opposite party to pay one month interest and also Rs.10,000/- towards mental agony, inspite of receipt of the said notice opposite party failed to comply the demand nor given reply as such the complainant approached the Forum.

3.     To prove his case, the complainant filed the following documents and the same have been marked as Exs.A1 to A3.

4.      On receipt of notice, the opposite party failed to appear before this Forum. 

5.      Heard oral arguments on behalf of complainant. 

6.      Upon perusing the material papers on record, now the points that arose for consideration is,  

1. Whether the complainant is entitled for the claim?
2. To what relief?

Point:-

          In this case the complainant has joined as member in opposite party Chit Fund company in Chit Group FKMS-15F-25, value of Chit is Rs.1,00,000/- which is payable in 25 monthly installments @Rs.4,000/- P.M.  and he is also subscriber in another Chit in Chit Group No.FKMS 16-F and he is paying the subscription amount regularly.  According to the complainant, he participated in auction on 28-03-2016 and he become successful bidder by forgoing Rs.7,000/-.    According to the complainant on the same day the complainant had produced sureties for the chit by producing another chit as lean immediately, and the opposite party company has to pay the prize amount within one month.   According to the complainant he made many oral demands and many rounds over the office of opposite party, the opposite party has been avoiding the payment and finally issued the cheque for Rs.92,292/- on 27-05-2016.  Due to delay in paying the chit prize amount the complainant suffered both physically and mentally and the opposite party failed to pay the interest for the delay, as such the complainant approached the Forum for redressal. 

7.      From the documents and material available on record, there is no dispute about the complainant joining as member in opposite party Chit group, participated in auction and also declared as successful bidder.  And also the complainant furnished the sureties by putting the chit in another  group as lean.  Even after furnishing the sureties the opposite party failed to pay the prize amount to the complainant.  From the above we observed that the opposite party had given a cheque for Rs.92,292/- on 27-05-2016 to the complainant.  As such the opposite party is liable to pay the interest on the prize amount to the complainant from 28-04-2016 to 27-05-2016.  And also we observed that the complainant suffered both mentally and physically as the opposite parties failed to pay the prize amount within stipulated time, as such the complainant is entitled for an amount of Rs.5,000/- towards sufferance and damages.  Hence this point is answered accordingly in favour of the complainant.

8.      In the result, the complaint is allowed in part, directing the opposite party to pay the interest @9% P.A. on the prize amount (i.e. Rs.92,292/-) to the complainant from 28-04-2016 to 27-05-2016, and also pay an amount of Rs.5,000/- towards damages.  The opposite party is directed to pay the amount within one month from the date of order, failing which the amount shall carry interest @9% per annum from the date of order till actual payment.   

Typed to dictation, corrected and pronounced by us, in the open Forum, on this the 8^th day of December, 2016.

               FAC President              Member

District Consumer Forum, Khammam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant:-                                                 For Opposite party:-   

       -None-                                                                       -None-

DOCUMENTS MARKED:-

For Complainant:-                                                           For Opposite party:-   

FAC President              Member

District Consumer Forum, Khammam.