Andhra Pradesh

Nellore

CC/07/2014

Hafeez Baig Mogal, son of Ibrahim Baig - Complainant(s)

Versus

The branch Manager, Kapil chits Private Limited Kosta Private Limited - Opp.Party(s)

Inperson

30 Nov 2015

ORDER

                                                             Date of filing       :  02-07-2013

                                                             Date of disposal  :   30-11-2015

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

           :: NELLORE ::

                                                       

Monday, this the 30th day of  NOVEMBER, 2015.

 

          PRESENT:  Sri M.Subbarayudu Naidu, B.Com.,B.L., LL.M.        

                                      President(FAC)& Member

                                      Sri N.S.Kumara Swamy, B.Sc., LL.B., Member

                           

       

                                   C.C.No.7/2014

Hafeez Baig Mogal,

S/o. Ibrahim Baig,

Resident of 7-30,

Dodla Subbareddy Nagar,

Navalakula Gardens,

Nellore-2                                                 …         Complainant

 

                      Vs.

 

The Branch Manager,

Kapil Chits Private Limited,

(Kosta Private Limited),

24/11/416, Sri Vishnu Plaza,

Saraswathi Nagar,

Dargamitta branch,

Nellore.                                                  …            Opposite party

 

This matter coming on 23-11-2015 before us for final hearing in the presence of Sri T.V.Srinivasa Rao and Sri.K.Sreedhar, Advocates for the complainant and Sri A.Nagendra Sai, Advocate for the  opposite party and having stood over for consideration till this day, this Forum passed the following:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

ORDER                                                                                                                                                                                                                          (BY SRI M.SUBBARAYUDU NAIDU, PRESIDENT (FAC) ON BEHALF OF THE BENCH)

 

  This complaint is filed by the complainant against the opposite party directing him to delete the penalties unnecessarily imposed of Rs.9,180/- on him and award compensation for causing mental agony, for a sum of Rs.50,000/- towards damages and also pass such other relief or reliefs as the Hon’ble Consumer Forum may deemed it fit and proper in the circumstances of the case.

 

The factual matrix leading to filing of this consumer case is as stated as hereunder:

I.(a)  It is the case of the complainant that he is a subscriber who had joined in one of the chit groups of opposite party, vide no.: FNST06J-19 for a chit value of Rs.5,00,000/- which commenced from 25-11-2009.  He had joined in the said chit group after 3 months of January, 2010 at the canvassing of the agents of the said opposite party.  The chit was prized and the complainant was paying regularly the instalments without fail.

(b)  It is also further submitted by the complainant in para-3 at page No.2 of his complaint that he had found that he was making excess payment towards monthly chit and thereby he had requested the opposite party that to furnish the copy of statement of accounts of the said chit group.  The opposite party had suffered a lot to issue an account copy of chit to the complainant.  The opposite party had complied it and its verification of it, the complainant had found that his initial amount was day back to November, 2009 and opposite party had imposed many penalties as defaults for many months.  But the complainant did not commit any default in payments for the penalties were imposed. Then, the complainant had wandered around the opposite party, but in vain.  Thereafter, he got issued a registered lawyer notice dt.03-10-2012 and through the said notice, he had narrated wrong entries in the statement of accounts and how the opposite party had using defective software in manipulated entries and for the said legal notice, the opposite party gave a reply notice dt.27-10-2012 and denied the contentions of the complainant instead of giving proper explanation and rectify their defect.

( c )  It is also further submitted by the complainant in para-3 at page no.2 in a long para of his complaint that again he had sent a notice to the opposite party on 30-10-2012 as the opposite party had sending his men and agents along with anti-social elements to his house. But, the opposite party had also given a reply notice dt.06-11-2012 again declining his claim.  Thereafter, the complainant had addressed a complaint to the Registrar of chits’ dt.22-10-2012 under Right to Information Act.  But, the Assistant Registrar of chits had given a reply stating that they got issued notice to the opposite party and pursuing the matter.  Then, Assistant of Registrar of Chits sent three letters and later he had also sent a letter dt.19-11-2012 stating that he had submitted the every information of the complainant’s demand and closed the issue.  But, in fact the Assistant Registrar did not pursue the matter properly and he closed the matter in favour of opposite party with his collusion of opposite party.  The opposite party had also wrote a letter dt.19-11-2012 enclosing the receipts, among the receipts, the statements of account which clearly goes to show that excess of penalty unnecessarily imposed on the complainant. 

(d) It is also further submitted by the complainant in para-3 at page no.3 in a long para of his complaint that then the complainant in detail made a complaint to the Registrar of chits dated 22-12-2012. The Registrar of Chits sent a letter dated 28-1-2013 stating that the complainant has to comply Section 64 of Indian Chit Funds Act to the Deputy Registrar of Chits.  Then, the complainant made a complaint to the Deputy Registrar of Chits dated 14-02-2013.  The Deputy Registrar of Chits in turn gave a reply dated       19-02-2013 enclosing the reply notice in earlier given by the opposite party through his advocate Sri Arigela Nagendra Sai dated 27-10-2012.  Therefore, it is very clear that the Deputy Registrar of Chits is the hand in glove with the opposite party instead of independently investigating the matter.  Then, the complainant gave another complaint to Registrar of Chits dated 8-4-2013 requesting the Registrar of Chits to give a direction to the Deputy Registrar of Chits to solve this problem, with a direction to approach the Court of Law by filing a suit.  Therefore, the problem of the complainant did not solved when he was approached through proper channel.  While so, the matter was pending for determination before the competent authority, and opposite party gave a registered notice through his counsel Sri Arigela Nagendra Sai dated 14-03-2013 to all sureties and also claimed the amount of Rs.2,00,000/- to pay with interest at the rate of 18% per annum.  Then this demand brought to the notice of Registrar of Chits.  He stated that the company has empowered to issue recovery even before determination of the problem, which is highly irregular. Then, the complainant gave reply through his lawyer to the opposite party lawyer Sri Arigela Nagendra Sai dated 29-03-2013 and he gave a notice to opposite party for making gallata on phone by legal Recovery Manager, while he was in government meeting, dated 25-04-2013.  The Assistant Registrar gave a reply to complainant on 10-05-2013.

(e) It is also further also submitted by the complainant in para-4 at page no.4 of his complaint that all the correspondence and exchange of notices between him and opposite party are herewith filed and they may be read as part and parcel of his complaint.  So, he had constrained to file this complaint for his grievance for redressal before this Hon’ble Consumer Forum.  Hence, the complaint.

II.  DEFENCE: Contents of counter by opposite party:

1.  The opposite party was resisted the complaint by filing a written version/counter dt.30-06-2014 before the Forum.  He had denied all the allegations which are made against him by the complainant.  The complaint is not maintainable either in law or on facts.

2.  It is also further submitted by the opposite party in 1^st para at page no.1 of his counter/written version that it is true that the complainant is a subscriber in opposite party’s chit bearing no:FNST06J-19 for a chit value of Rs.5,00,000/-.  But the contention of complainant that he was regularly paid and made excess payment towards monthly chit, is absolutely false and baseless allegations.  The opposite party has denied the allegations against him by the complainant in the complaint.

3.  It is also further submitted by the opposite party in page no.2 of his counter/written version that the complainant is irregular in payment of monthly installments from 18^th installment in the said chit transaction.  So, he had become liable for penalty imposed on him, as per the penal provision of Chit Fund Act, 1882 and conditions agreed by both parties under an agreement of chit.  The opposite party had never acted illegally towards the complainant at any point of time and on the other hand, the complainant himself had thrown several baseless allegations against the opposite party company besides the false petitions presenting to the Assistant Registrar of Chits and deputy Registrar of Chits which caused much inconvenience and hardship to the opposite party’s chit company.

4.   It is also further submitted by the opposite party that in page no.2 of his counter/written version that in fact, the complainant for his wrongful gain, it is his ill-motive to create all the baseless petitions against the opposite party and the present complaint is one of among those complaints.  There is no deficiency in service on the part of the opposite party towards the complainant.  The opposite party had already filed a dispute petition before Hon’ble District Registrar of Chits vide S.L.No.51/2013 and the same is pending for enquiry.  The Hon’ble Consumer Forum has no jurisdiction to try this complaint.  It is prayed that the said Forum may be pleased to dismiss the complaint, in the interest of justice.

III.  The complainant had filed his affidavit on 05-08-2014 and he had again filed additional chit affidavit on 13-08-2015 and the documents which are marked as Exs.A1 to A26; whereas Md.Ghouse Mohiuddin, Asst. Divisional manager of Kapil Chit Funds Pvt. Ltd., Nellore, had also filed an affidavit on 24-09-2014 and also additional affidavit on 17-04-2015 and the documents which are marked as Exs.B1 and B2.  The complainant alone had filed the written arguments of the case in support of the case.

IV.   Basing on the material available on the record, the points that arise for determination are namely:-

(a)Is there any deficiency in service on the part of the opposite party towards the complainant?

(b)Whether the complainant is entitled to get the reliefs as

    prayed for, if it is so, to what extent?

         (c) To what relief?

V.  POINTS 1 AND 2 :

     In view of these two points are inter-related and depends on each other, they have been taken up together for discussion and determination of the case.  The complainant has once again reiterated the facts of the case, basing on the complaint and documents filed herein. It is nothing but repetition of them once again in his complaint.

Oral Submissions by the learned counsel for the complainant:

         Sri T.V.Srinivasa Rao, the learned counsel for the complainant has vehemently argued that the complaint, affidavit and written arguments may be read as part and parcel of his oral arguments.  He has also argued that it is not in dispute that the complainant is a chit subscriber in chit no.FNST06J-19 for a chit value of Rs.5,00,000/-.  He had became a successful bidder for a sum of Rs.3,00,000/- and the said amount was not paid by the opposite party.  The opposite party had deducted Rs.6,500/- towards March subscription, verification charges  of Rs.1,000/- and also Rs.3,546/- for another chit in the name of Smt.Sk.Majahar, wife of complainant with his consent.  But, Rs.7,500/- towards Kapil health Club in the said chit bid amount, was deducted on the force of opposite party.  After those deductions, the opposite party gave a cheque for a sum of Rs.2,81,454/- under cheque which bearing no.52266 belongs to Karur Vysya Bank.  The said amount was given by accepting the sureties and three blank cheques put up by the complainant. 

      The said learned counsel for the complainant has further contended that auction of the chit was held on 25-02-2010 and the opposite party took Rs.23,000/- as  an advance amount towards advance instalments.  But the complainant had accepted with half-heartedly the condition.  It is as per Ex.A22, ICICI Bank statement, the cheque was issued on 3-4-2010 by the opposite party i.e., after two months of the auction of the chit.  The conditions of Kapil Health Club Policy which is marked, as Ex.A21 and it is said that it is refundable with 5 years health security.  But, the health club policy only paid for one year through the Oriental Insurance Co.Ltd. and it is from 05-05-2010 to 04-05-2011 and also prayed fraud, it is refundable amount within 5 years, but in bond it is stated that for 6 years.  It is also stated that in reply of Registrar of Chits explanation copy of the opposite party in Ex.A7, the amount was refunded after 5 years.  So, this is also one of the cheating of the complainant by the opposite party.

    The said learned counsel for the complainant has further argued that the complainant had begun monthly chit instalments to the opposite party without any default and whenever the collection executive came to his house for collection of instalments.  After 12 months, he had asked the collection executive to give chit book for verification of installments as what paid.  In the above said chit-book under Ex.A17, the entries are not noted correctly what complainant paid.  Then, the complainant asked collection executive for not mentioning the entries in account book.  The said collection executive had stated that the entries will be adjusted.  Thereafter, believing the words of collection executive, the complainant had started remaining installments.  The receipts and account copy which are marked as Exs.A18 and A7.  The complainant had with great difficulty obtained account copy as opposite party was not willing to give account copy to him for covering the defects of opposite party.  The opposite party had asking the complainant for a heavy amount  to pay the chit installments, the complainant has no any other way, had got issued notice to the opposite party and also Registrar of Chits under Ex.A1 on 03-10-2012.

         The said learned counsel for the complainant has further argued that 20 members of opposite party along with rowdies came to the house of complainant and illegally trespassed into his house without considering the customs of Muslim family and demanded and pressurized to pay due amount and they went to the house of guarantors and behaved mercilessly.  After the incident, the opposite party gave a reply in Ex.A2 on 27-10-2012.  Then, the complainant got issued registered lawyer notice to the opposite party on 22-10-2012 and also to the registrar of chits under Ex.A5 in Right to Information Act for illegal behavior of opposite party and also imposing of penalties.

         The said learned counsel for the complainant has further categorically explained that during his oral arguments that the Assistant Registrar of chits had gave a reply according to Exs.A6 dt.20-12-2012 by stating that he had sent a notice to the opposite party for his illegal acts and sent verification report dt.19-11-2012.  The complaint had found that opposite party had imposed penalties wrongly, played fraud in health policy and without giving any demand notices even though the opposite party had collected Rs.300/- in seven times, in total of Rs.2,100/- without his knowledge.  He has further argued that the complainant had again issued complaint to the Registrar of Chits, Nellore dt.22.12.2012 under Exs.A8 and thereafter the said Registrar of chits gave a direction to him to approach deputy registrar of chits’ dt.28-01-2013 under Exs.A9. Then, the complainant wrote a letter to deputy registrar of chits on14-02-2013 for his grievance in Exs.A10.  The deputy registrar had without any verification blindly gave a reply dt.19-02-2013 as per Exs.A11 stating that the opposite party had a right to impose penalties. While so, on 29-03-2013, the opposite party people had came to the houses of guarantor and made galata, in addition telephoned to the complainant while he was in meeting and scolded him without hearing the voice of the complainant and his guarantors.  Again on 25-04-2013, the recovery people of opposite party had came to the complainant’s house and made galata and telephoned to him while he was engaged at Head master’s meeting at M.P.D.O.’s office, Nellore from phone nos.09505507176 and 7799131201 and commanded him to pay the said amount as per Exs.A15 and A25 (Voice recording CD).  So, the complainant had suffered mental agony and damaged his reputation. 

    The Assistant Registrar had gave a reply dt.10-05-2013 by enclosing the correspondence without any enquiry.  In view of the said above process, same thing was happened in the chit of complainant’s wife that the chit which bearing no.NST06F-11 as per Exs.A26 was pre-closed as it was no installments but in the statement of account, it was found that the penalty of Rs.134/- was imposed and also mentioned Rs.568/- as balance.

    The said learned counsel for the complainant has also further contended that when the above matter was pending before Hon’ble Redressal Forum, Nellore, the opposite party had got issued lawyer’s notice to the complainant by stating that he will file a suit against him for Rs.2,00,000/- (cheque no.17889) under Negotiable Instruments Act to black mail him to withdraw the complaint as per Ex.A23;  The complainant had also gave three cheques to opposite parties for collateral purpose only.  But, the opposite party had taking advantage of those blank cheques and harassing to the complainant by issuing this type of notices.  Prior that the opposite party had also without intimation and notice to the complainant, presented a cheque on 24-08-2013 for an amount of Rs.2,45,701/- in ICICI Bank, Nellore as per Ex.A20 wantonly.  The opposite party had filed case before the Deputy Registrar of chits/Arbitrator, Nellore dt.21-08-2014 for recovery of Rs.2,21,674/-.  The opposite party’s acts and deeds is highly contrary to law.  The opposite party cannot use their muscle power ignoring the civilized mode of recovery.

      Hence, it is prayed that the Honourable Consumer Forum may be pleased to allow the complaint as prayed for.

 

Oral Submissions by the learned counsel for the opposite party:

      On the other hand, Sri A.Nagendra Sai, the learned counsel for the opposite party has also vehemently argued that after verification of statement accounts of the complainant, he had found that the opposite party had imposed many penalties even though he did not committed any default is, absolutely incorrect.  It is undisputed fact that there are exchanges of legal notices as described by the complainant.  The other allegations are made by the complainant against the opposite party, is not correct.  The said learned counsel for the opposite party has also further submitted during his oral arguments of the opposite party that the complainant is irregular in payment of monthly installments from 18^th installment and as such he is become liable for penalty and the opposite party had imposed the same on complainant as per the penal provisions of Chit Fund Act, 1982 and also conditions agreed by both the parties.  He has further urged that there is no any deficiency in service towards the complainant by the opposite party.  The complaint is not maintainable either in law or on facts.  It is also further argued that the opposite party had already filed a dispute before Hon’ble District Registrar of Chits vide S.L.No.51/2013 and the same is pending as per the written version/counter of the opposite party.

         

      The said learned counsel for the opposite party has further contended that the opposite party had filed additional chief-affidavit on 17-04-2015 by stating that the attested copy of chit agreement between the parties dated      01-01-2010 as marked as Exs.B1 and B2 is the statement of account which is marked, may be read as part and parcel of his oral arguments of the opposite party.  He has prayed that the Honourable Consumer Forum may be pleased to dismiss the complaint with costs.

 

Forum’s Findings and observations

       Heard, the said learned respective counsels for the parties and perused the record very carefully.  The affidavit evidence adduced by them in support of their contentions, we have taken into consideration of their oral arguments which are supported by their documentary evidence.

Documentary evidence:   It is true that the complainant had issued a registered legal notice dt.03-10-2012 to the opposite party (Ex.A1) and Ex.A2 is the reply legal notice dt.27-10-2012 issued by the opposite party’s counsel to the complainant’s counsel stating that the facts of the case and specific denial of the allegations by the opposite party to the complainant.  Ex.A3 i.e., a letter which addressed to opposite party by the complainant’s counsel on 30-10-2012; Exs.A4 is the reply letter dt.06-11-2012 by the opposite party’s counsel to the complainant’s counsel.  There are exchange of letters such as Exs.A6 to Ex.A16 between the complainant and the opposite party.

   Admittedly, the complainant is chit subscriber under Chit No. FNST06J-19 for a chit value of Rs.5,00,000/-.  The auction of the chit was held on    25-02-2010 but the complainant paid an amount of Rs.23,000/- on           24-02-2010 as advance payment towards the instalments according to Ex.A18.  The complainant actually had joined the said chit group after 3 months in the month of January, 2010 under Ex.B1 agreement and signed in it.  According to him, the excess payment was made with regard to the payment of instalments to the opposite party and there is prized amount and payment voucher dated 26-03-2010 according to Ex.B1.  In Ex.B2 in ledger between the periods 12-2-2007 to 11-6-2013, even though the chit was commenced in November, 2009 but the complainant joined on 1^st January, 2010.  There are too many penalties were imposed on the complainant according to Ex.B2 for the reasons best known to the opposite party.  We are unable to understand that the chit was commenced in November, 2009 but the opposite party had permitted the complainant to join in January, 2010 and obtained the signatures of the guarantors on    26-03-2010 according to Ex.B1 how it is justifiable? To say that the agreement was executed between the parties in January, 2010. We do not have the correct details of the transactions that it was placed between the parties on record.  It appears to be that there are penalties imposed on the complainant according to Ex.B2. 

 

The concept of chit transactions and its importance:

 

1. Chit Funds render two types of services, the main service being the running of Chit groups apart from taking up fixed deposits.  The Chit Fund Company has to be registered with the Registrar of Chits and a Foreman runs each Chit Group.  Each scheme is independently registered and the Registrar of Chits has to be informed about each chit group being run by the company.  The company also has to deposit a Security amount with the Registrar of Chits when starting the Chit Group which would be not less than half of the chit amount.  This practice has been prescribed to safeguard the interest of the Subscribers of the chit.
2.  The subscriber to the Chit will have to obtain receipts for the amounts paid by him and also has to see that the Foreman or the authorized representative of the company makes the necessary endorsement in the passbook maintained for that purpose.  Whenever the subscriber becomes the prized subscriber after executing the necessary documents like promissory notes, surety, the prized subscriber has to be paid the bid amount within a specified period.  In case the prized subscriber is not paid the amount or there is an inordinate delay in paying the amount to the prized subscriber, it amounts to deficiency of service.

 

II(2003) CPJ  153(NC); Ranbir Singh & ANR Vs.T.R.David

 

   Consumer Protection Act, 1986 – Sections 2(1)(g), 21(b) – Chit Fund – Complainant subscriber of Chit of Rs.1 Lakh, became highest bidder in auction for Rs.79,920/- - OP paid Rs.49,760/- balance amount not paid – Deficiency in service proved – OP liable to pay balance with interest @ 18% p.a.

 

3. In case the subscriber does not bid for the amount, he is entitled to receive the entire amount after the Chit period is over.  If the company does not pay the amount within a reasonable time, it would amount to deficiency of service.
4.  The dues to the subscriber shall be the 1^st charge on the Chit Assets.  The Subscribers are entitled to examine the Security Bonds, Documents, receipts and other records taken from the prized subscriber or furnished by the Foreman himself in his capacity as a subscriber and also the books of account and passbooks, balance sheets, profit and loss account and such other record which may show the actual financial possession of the Chits Scheme.  The Foreman can collect a fees not exceeding Rs.5/- from the subscriber who requires to avail of this facility.

 

CASE-LAW:

 

  In the case of The Branch Manager Margadarsi Chit Fund and another Vs.The District Consumer Redressal Forum Vijayanagram District and another(AIR 2004 AP 343), it has been held that after perusing the definitions of the various terms given under Chit Fund Act, 1982 that a Chit Fund Company provides services covered under Consumer Protection Act, 1986, hence its subscriber or member is a consumer and Consumer Protection Act, 1986 applies to such transactions.

 

      Consumer For a can award compensation as deemed proper, reasonable and not as per asking of complainant – 2011(2) CPR 282(NC).  With regard to deficiency in service, the relevant aspect to be remembered that – To bring  home an allegation of deficiency in service, the element of willful action  (or as the case may be, in action) needs to be established and the onus of proof of such action / inaction lies on the complainant -  2010 (2) CPR 89 (NC).

 

       Compensation or damages can be  awarded only, if complainant has suffered loss or  damages due to negligence of manufacturer or service provider  - 2011 (2) CPR 101     (NC).

 

    After scanning the entire material on record and after having considered a rival submissions in the light of well-settled legal principles, we are of the clear opinion that this Consumer Case is a fit case to award Rs.10,000/- damages to the complainant.  Realization of justice is the ultimate function of law.  Consumer Forums should be wary of passing cryptic orders in the adjudication of complaints 2007 CTJ AP P6(SC).  Law assists those who are vigilant.  Justice is rendered in accordance with law.  Rules of procedure are intended to be a handmaid to the administration of justice.

         We are of the considerable opinion that the opposite party has imposed penalties on the complainant according to their whims and fancies but not on the correct lines and on the one side the opposite party according to the statement of it, the complainant defaulted from 18^th installment, how it can be?  Now, we have to decide deficiency in service on the part of the opposite party towards the complainant.  It is apparent on the case of record that incorrect information is furnished to do justice by the opposite party.  The opposite party is directed to furnish to all the details right from the beginning of joining the chit by the complainant till today and what is transpired between them is not known.  Having much correspondence between them will not fetch the good results, and unless and until, correct information is furnished.  The opposite party has not furnished all the details of entries of installments paid by the complainant in the Chit pass book according to Ex.A17.  It is a clear lapse on the part of the opposite party for the reasons best known to it.  In these set of circumstances of the case, we can say that penalties imposed on the complainant should be deleted and the opposite party is liable to pay Rs.10,000/- towards the compensation for mental agony suffered by the complainant.  The complainant can be entitled to get Rs.3,000/- towards the costs of the complaint.  These two points are held in favour of the complainant and against the opposite party, accordingly.

 

POINT NO.3   In the result, the complaint is allowed in part, ordering the opposite party to delete the penalties imposed of Rs.9,180/- (Rupees nine thousand one hundred and eighty only) against the complainant and awarding Rs.10,000/- (Rupees ten thousand only) to him towards compensation for mental agony suffered by him.  He is also entitled to get Rs.3,000/- (Rupees three thousand only) towards costs of the complaint, within one month from the date of the receipt of the order.

Typed to the dictation to the stenographer and corrected and pronounced by us in the Open Forum this the 30th day of NOVEMBER, 2015.    

         

                                                                       

            Sd/-                                                                                  Sd/-

         MEMBER                                                                 PRESIDENT(FAC)

 

  APPENDIX OF EVIDENCE

 WITNESSES EXAMINED FOR COMPLAINANT:

 

PW1

05-08-2014    AND 13-08-2015

:

Hafeez Baig Mogal, S/o. Ibrahim Baig, aged 42 years, Muslim, resident of 7-30, Dodla Subbareddy Nagar, Navalakula Gardens, Nellore-2.

 

 

WITNESSES EXAMINED FOR OPPOSITE PARTIES:

 

RW1

24-09-2014     AND 17-04-2015

:

Md.Gouse Mohiuddin, S/o.M.A.Rasheed, Muslim, aged about 48 years, Asst.Divisional Manager of Kapil Chit Funds Pvt.Ltd., D.No.26-1-106, 2nd Floor, Gayatri Nagar, Sadhana School Road, A.K.Nagar, Nellore-4.

                                                                              

EXHIBITS MARKED FOR COMPLAINANT:

 

Ex.A1	03-10-2012	:	Office copy of legal notice got issued by the advocate for the complainant to the opposite party.
Ex.A2	27-10-2012	:	Reply notice got issued by the advocate for the opposite party to the counsel for the complainant.
Ex.A3	30-10-2012	:	Complainant sent a notice through his advocate to the opposite party along with registered post receipt.
Ex.A4	06-11-2012	:	Reply notice issued by the counsel for the opposite party to the counsel for the complainant.
Ex.A5       Ex.A6       Ex.A7       Ex.A8     Ex.A9     Ex.A10         Ex.A11         Ex.A12       Ex.A13             Ex.A14         Ex.A15       Ex.A16   Ex.A17   Ex.A18   Ex.A19     Ex.A20   Ex.A21         Ex.A22   Ex.A23       Ex.A24   Ex.A25     Ex.A26	22-10-2012       26-10-2012       19-11-2012       22-12-2012     28-1-2013     14-02-2013         19-02-2013         08-04-2013       14-03-2013             29-03-2013         25-04-2013       10-05-2013   -   -         25-06-2015   11-05-2010         28-02-2011   13-02-2014       21-08-2014   -     -	:       :       :       :     :     :         :         :       :             :         :       :   :   :   :     :   :         :     :       :   :     :	Complaint to the Registrar of chits issued by the complainant under right to information Act, along with copy of legal notice.   Reply got issued by the Assistant Registrar of Chits to the complainant along with copies of letters to the opposite party and complainant.   A letter addressed by the opposite party enclosing the receipts (4 in no.) with the statements of account copy through the Assistant Registrar of Chits.   Photostat copy of a complaint made by the complainant to the Registrar of Chits.   Photostat copy of letter addressed to the complainant by Asst. Registrar of Chits, Nellore.   Photostat copy of a complaint made by the complainant to the Deputy Registrar of Chits along with two registered post receipts and acknowledgements (two in nos.).   Photostat copy of The Deputy Registrar of Chits in turn gave a reply letter enclosing a reply notice in earlier given by the opposite party through his advocate Sri Arigela Nagendra Said dt.27-10-2012.   Complainant gave another complaint to Registrar of Chits along with regd.post receipts and acknowledgements (two in nos.).   Photosta copy of opposite party gave a registered notice through his counsel Sri A.Nagendra Sai to all sureties and also claimed the amount of Rs.2,00,000/- to pay with interest at the rate of 18% per annum.     Complainant gave a reply notice through his advocate to the opposite party’s advocate Sri Arigela Nagendra Sai along with registered post receipt and acknowledgement (one in no.).   Counsel for the complainant gave a notice to opposite party along with registered post receipt and acknowledgement (one in no.).   Assistant Registrar gave reply to the complainant.   Original (Chit) Pass book issued by Kapil Chit Fund.   Bunch of receipts.    Inland letters 3 in numbers from the opposite party to the complainant.   Cheque bounce certificate from ICICI Bank.   Photostat copy of refundable membership certificate under Kapil Health Club Plan along with certificate of insurance of Oriental Insurance Corporation Limited certificate.   Photostat copy of ICICI Bank statement.   Letter addressed by the counsel for the opposite party to the complainant cheque bounce notice issued by counsel for the opposite party.   Notice issued by Deputy Registrar/Arbitrator, Nellore.   Voice recording C.D. evidencing the respondent harassment against complainant.   Statement of Sk.Majahar, W/o.Complainant in chit No.NST06F-11, 3 receipts and pass book.

 

EXHIBITS MARKED FOR OPPOSITE PARTIES:                      

 

Ex.B1	01-01-2010	:	Attested copy of the chit agreement.
Ex.B2	-	:	Attested copy of the statement of account.

 

 

          Id/-                                                                                                   PRESIDENT(FAC)

Copies to:

 

1. Sri T.V.Sreenivas Rao and Sri K.Sridhar, Advocates, 16/681, Near Saibaba Temple, Gandhi Nagar, Nellore.

 

2. Sri A.Nagendra Sai, Advocate, Fathekhanpet, Nellore-524 003.

          

 

Date when order copies are issued: