BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM :: KADAPA DISTRICT
PRESENT SMT. K. SIREESHA, B.L., PRESIDENT FAC
SRI M.V.R. SHARMA, MEMBER.
Thursday, 14th March 2014
CONSUMER COMPLAINT No. 78/ 2013
D. Georgewashington, S/o D. Thomas,
D. No. 8/49-6, Prakashnagar, Kadapa. ….. Complainant.
Vs.
The Manager, Kapil Chits Pvt. Ltd., 19/81,
Shiva Complex, Near Mayura Bakery,
Madras Road, Kadapa. ….. Respondent.
This complaint coming on this day for final hearing on 14-3-2014 in the presence of complainant as in person and respondent called absent and set exparte on 28-2-2014 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, President FAC),
1. Complaint filed under section 12 of C.P. Act 1986.
2. The brief facts of the complaint are as follows:- The complainant is residing at D.No. 8/49-6, Prakash nagar working as P.C 1380 District Police Office, Kadapa.
3. The complainant joined in a chit value of Rs. 5,00,000/- by paying 10,000/- monthly subscription and processing fee in the month of September 2012. The monthly subscription being 10,000/- for 50 months. The 1st auction is held on 27-10-2012.
4. According to the rules and regulations of the chit company one must pay the arrears due amount on or before the date of action. The complainant paid arrears due amount regularly. The complainant eligible to participate the auction. The 11th auction was held on 27-8-2013 and the complainant participated the auction and declared as prized subscriber against the bid offer for Rs. 2,00,000/- chit value of Rs. 5,00,000/-.
5. The company requested the complainant to come and collect the necessary surety forms etc., to draw the b id payable amount of Rs. 3,00,000/-. According to the instructions of the company, the complainant produced 3 employees’ sureties with their original salary slips within two weeks duration after the auction but the company never gave the prized amount of Rs. 3,00,000/-. The complainant went several times and asked them to settle the matter but they never give response.
6. The complainant gave notice to the Manager Kapil Chits on 28-10-2013 about the situation. The complainant approached to the Hon’ble District Forum for taking necessary action against the respondent. The cause of action for the complaint arose on 27-8-2013 and the respondent office is situated in Kadapa District within the jurisdiction of the Hon’ble forum. The complainant suffered mentally, emotionally and asked several time so the respondent but in vain. A postal order of Rs. 200/- paid towards court fee.
7. It is therefore prayed that the Hon’ble Forum may be pleased to direct the respondent to pay Rs. 3,00,000/- towards chit amount along with interest @ 24% p.a till the payment and to pay Rs. 20,000/- towards mental agony and to pay Rs. 5,000/- towards cost of the complaint and grant such other reliefs.
8. Notice served to the respondent but the respondent called absent and set exparte on 28-2-2014.
9. On the basis of the above pleadings the following points are settled for determination.
i. Whether the complainant is eligible for compensation as prayed by the complainant?
ii. Whether there is negligence or deficiency of service on the part of there Respondent?
iii. To what relief?
10. On behalf of the complainant PW1 was examined and Ex. A1 to A5 were marked.
11. Point Nos. 1 & 2. As per complaint the complainant is the subscriber of the Kapil Chit fund, Kadapa branch. The complainant had paid Rs. 10,000/- towards monthly subscription for chit value of Rs. 5,00,000/- on September 2012. As per evidence of the complainant, the complainant paid all installments regularly and participated the auction on 27-8-2013 i.e. 11th installment for offering Rs. 2,00,000/-. The complainant had given sufficient sureties also. Ex. A3 clearly shows that the complainant is subscriber of the respondent company. The complainant himself has given legal notice to settle the chit amount prized by him under Ex. A1. Ex. A4 clearly shows that the respondent had intimated the complainant to collect the surety forms to draw the bid payable amount. Ex. A5 is the surety form. As seen from the above evidence, it is very clear that the complainant is subscriber of the respondent company for a chit amount of Rs. 5,00,000/- and the complainant had prized the chit amount by offering of Rs. 2,00,000/- as a bid value after the company request the complainant produced with necessary sureties to the respondent. There is no response from the resplendent. Ex. A1 clearly proves that there is negligence and deficiency of service on the part of the respondent. As the complainant is the subscriber of the chit and the complainant is paying installments regularly and participated auction. As per Ex. A4 the complainant had produced the sureties also to the respondent. Then the respondent did not come forward to settle the chit amount of the complainant. So there is gross negligence and deficiency of service on the part of the respondent and the complainant is eligible for compensation as prayed by him.
12. Point No. 3 In the result, the complaint is allowed, directing the respondent to pay Rs. 3,00,000/- (Rupees Three lakhs only) the chit amount with 9% interest from the date of auction i.e. 27-8-2013 till realistion, Rs. 5,000/- (Rupees Five Thousand only) towards mental agony, Rs. 2,000/- (Rupees two thousand only) for the cost of the complaint. The respondent is directed to comply the order within 45 days of date of receipt of orders.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 14th March 014
MEMBER PRESIDENT FAC
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant
PW1 D. Jeorge Washington, dt. 13-3-2014
For Respondents : NIL
Exhibits marked for Complainant : -
Ex. A1 Notice issued by the complainant to the responded.
Ex. A2 O.P. dt. 28-10-2013 with postal acknowledgement card.
Ex. A3 Photocopy of pass book issued by the respondent company.
Ex. A4 P.S. Intimation.
Ex. A5 Surety form.
Exhibits marked for Respondents: - NIL
MEMBER PRESIDENT FAC
Copy to :-
1) D. Georgewashington, S/o D. Thomas, D. No. 8/49-6,
Prakashnagar, Kadapa.
2) The Manager, Kapil Chits Pvt. Ltd., 19/81, Shiva Complex, Near Mayura Bakery, Madras Road, Kadapa.
B.V.P.
