BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL
Present: Sri.Y.Reddappa Reddy, M.A., L.L.M., President,
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Thursday the 30th day of April, 2015
C.C.No.123/2014
Between:
Sri.P.Surya Narayana Reddy,
S/o P.Laxmi Reddy,
Aged about 60 Years.
Occ: Agriculture,
H.No.3/4, Pulakurthy Village-518 462,
Kodumr Mandal, Kurnool District. …Complainant
-Vs-
1. The Chakri Chit Fund Private Limited,
Represented by its Managing Director,
Head Office Regd.No.55787,
Plot No.3, Sree Vasavi Towers,
Gandhi Road, Proddutoor-516360,
Kadapa District.
2. Branch Manager,
Chakri Chit Funds Private Limited,
D.No.4029-11-1, MMM Complex,
Park Road, Kurnool-518 003. …OPPOSITE PARTIES
This complaint is coming on this day for orders in the presence of Smt.Swathi, Advocate for complainant and opposite parties 1 and 2 called absent and set exparte and upon perusing the material papers on record, the Forum made the following. ORDER
(As per Smt. S.Nazeerunnisa, Lady Member,)
C.C. No.123/2014
1. This complaint is filed under section 11 and 12 of Consumer Protection Act, 1986 praying:-
- To direct the opposite parties to pay a sum of Rs.3,24,000/- along with interest at 18% per annum from the date of last premium payment dated 23.02.2014 to till the date of realization.
- To direct the opposite parties to pay a sum of Rs.1,00,000/- towards mental agony.
- To grant costs of the complaint.
And
- To grant any other relief as the Honourable Forum deems fit and proper in the circumstances of the case.
2. The case of the complainant in brief run as follows:- The complainant is a agriculturist, residing at Pulakurthy Village, Kodumur Mandal, Kurnool District. Opposite party No.1 is the Managing Director of Chakri Chit Funds Private Limited, Kadapa, and opposite party No.2 is the Branch Manager of Chakri Chit Funds Private Limited, Kurnool. The complainant joined as a subscriber in the opposite parties chit being No.CKNTOIP/48 for Rs.10,00,000/- on the assurance of opposite parties agent by name G.R.Venkateswaramma that the said Chit Fund was running since five years and the opposite parties will be paid the amount promptly on the completion of installments. Accordingly the complainant paid an amount of Rs.3,24,000/- up to March, 2014. In the month of April he heard that the opposite parties Chit Fund Company is closed. Then the complainant approached opposite party No.2 and opposite party No.2 instructed to approach opposite party No.1. On 07.09.2014 the complainant approached opposite party No.1 at Produtoor. The opposite party No.1 instructed him to collect the amount from his Branch Manager. The complainant approach Branch Manager and gave written representation in regard to his refund of amount. The complainant requested several times to opposite party No.2 but opposite parties did not respond. On 14.11.2014 opposite party No.2 threatened the complainant and warned him not to come his office. At last the complainant got issued legal notice date d 15.11.2014 to opposite parties, but the opposite parties managed the postal authorities and returned it as they left the above said address. There is deficiency of service on the part of opposite parties and caused mental agony to the complainant. Hence this complaint.
3. Inspite of notices served on them the opposite parties neither appear before the District Forum nor file written version on behalf of them. Hence the opposite parties called absent and set exparte.
4. On behalf of the complainant filed Ex.A1 to Ex.A6 are marked and sworn affidavit of complainant is filed.
5. Complainant filed written arguments.
6. Now the points that arise for consideration are:
- Whether there is deficiency of service on the part of opposite parties?
- Whether the complainant is entitled for the reliefs as prayed for?
- To what relief?
7. POINTS i and ii:- It is the case of the complainant that he joined as a subscriber in opposite parties Chakri Chit Funds Private Limited bearing No.CKNTOIP/48 for Rs.10,00,000/-. The opposite parties issued Pass Book in the name of the complainant. The photo copy of Pass Book is marked as Ex.A2 dated 20.10.2012. The complainant paid the installments every month regularly from April, 2012to February, 2014 for an amount of Rs.3,24,250/- to the opposite parties. The photo copy of Account Ledger maintenance of opposite parties contains in regard to the payment of amount by the complainant is marked as Ex.A3. Ex.A1 is the copy of Aadhar Card of complainant. In the month April, 2014, the complainant heard that the opposite parties closed the Chit Funds Company. Then the complainant approached opposite parties and requested to refund his amount. The opposite parties postponed the same and paid deaf ears. The complainant got issued legal notice to the opposite parties under Ex.A4 dated 15.11.2014. The postal receipts are marked as Ex.A5. The said notices returned as left which is marked as Ex.A6. The learned counsel appearing for the complainant contended that the complainant joined as a member in the month of October, 2012 and the Chit Fund started from April, 2012 and he paid the installments from April, 2012 to October, 2012 at one time for an amount of Rs.1,05,000/-, and totally he paid 23 installments for an amount of Rs.3,24,000/- after wards the opposite parties company is closed.
As seen from Ex.A2 and Ex.A3 it is very clear that the complainant Pulakurthy Surya Narayana Reddy joined as a subscriber in opposite parties Chakri Chit Funds Private Limited and he paid an amount of Rs.3,24,000/- towards the chit installments every month from April, 2012 to February, 2014. As the opposite parties closed the Chit Fund Company, the complainant approached opposite parties and requested to refund his amount, but they did not respond. The complainant got issued legal notice to opposite parties but it was returned as left. Though the notices served on them, the opposite parties did not choose either to appear or file written version on behalf of them. The opposite parties did not denay the case of the complainant by filing written version on their behalf. Hence the case of the complainant is to be admitted facts. Taking into consideration all the material available on record we are of the view fact the opposite parties intentionally induces the complainant to joined as a member in opposite parties Chit Fund Company and insisted to pay the amount of Rs.3,24,000/- and did not refund the amount of complainant on closing of Chit Fund Company. We found there is deficiency of service on the part of opposite parties. The complainant is a senior citizen suffered a lot of mental agony due to the harsh attitude of opposite parties. Hence the complainant is entitled for refund of amount of Rs.3,24,000/-.
8. POINT No.iii: The complainant prayed for refund amount of Rs.3,24,000/- with interest at 18% per annum and Rs.1,00,000/- for causing mental agony. Basing on the material facts and circumstances of the case we hold a view that the complainant is entitled for Rs.3,24,000/- with interest at 9% per annum from the date of complaint i.e., on 03.12.2014 till the date of payment and further entitled to pay Rs.20,000/- towards mental agony.
9. In the result, the complaint is partly allowed directing the opposite parties jointly and severally liable to pay refund amount of Rs.3,24,000/- (Three lakhs twenty four thousand only) with interest at 9% per annum from the date of complaint i.e., on 03.12.2014 till the date of payment and to pay a sum of Rs.20,000/- towards mental agony and Rs.2,000/- as costs of the case. Time for compliance is one month from the date of receipt of this order.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 30th day of April, 2015.
Sd/- Sd/-
LADY MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nil For the opposite parties: Nil
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of ID Proof of complainant (Aadhar Card).
Ex.A2 Photo copy of Chit Pass Book showing payments details.
Ex.A3 Photo copy of Chit Fund Company computers Statement showing payment details.
Ex.A4 Office copy of Legal Notice dated 15.11.2014.
Ex.A5 Postal Receipts (Nos.3).
Ex.A6 Returned Postal Covers along with acknowledgements (Nos.2).
List of exhibits marked for the opposite parties:- Nil
Sd/- Sd/-
LADY MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//
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Complainant and Opposite parties :
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