This complaint is coming on for final hearing before us in the presence of Sri U. Ravi Shankar, Advocate for the complainant and Sri P.V. Ganesh Advocate for O.Ps and having stood over for consideration, the Forum made the following:-

SRI T. SRIRAMA MURTHY,PRESIDENT

O   R   D   E   R

          This is a complaint filed under Section 12 of Consumer Protection Act seeking the relief to direct the O.Ps to pay a sum of Rs.4,64,500/- with interest @ 24% p.a., towards the prize amount and to pay Rs.1,00,000/- towards compensation for causing mental agony to the complainant and to pay Rs.2,000/- towards the costs on the following averments:

          The complainant joined in the chit group run by the O.Ps and was allotted a ticket bearing No.PFR 8/46 for the total chit value of Rs.5 Lakhs to be subscribed @ Rs.10,000/- per month for 50 months and has paid the installments regularly and as he was in need of money he participated in auction held on 9-12-2013 and has forgone a sum of Rs.35,500/- and became the highest bidder, and to draw the said prize amount he furnished sufficient sureties and the O.Ps with an ulterior motive did not pay the prize amount to him.  It is averred that he approached the O.Ps many a time and requested them to pay the prize amount but of no avail.  He got issued a notice calling upon the O.Ps to pay the prize amount but to no effect.  Since the O.Ps were in dereliction of duty and as there is deficiency in service on their part, the complainant has filed the complaint for the above said reliefs.

          The O.P.2 filed counter and the same was adopted by O.P 1 and in their counter they have traversed the material allegations made in the complaint and have averred that as per Section 23 of A.P. Chit Fund Act, the prized subscriber to draw prize amount has to furnish sufficient sureties to the satisfaction of Foreman and the complainant delayed in furnishing sureties  and as the sureties were residing at Rajahmundry in East Godavari District, some delay was caused for verification of their capacity to act as sureties and after the Foreman was satisfied with the sureties they have released the prize money.  It is averred that the O.Ps have sent a sum of Rs.4,51,257/- by way of A/c payee cheque bearing No.000451 dt.30-5-2014 drawn on Andhra Bank, Parvathipuram towards the prize amount, and the said cheque was honoured as reflected in the Bank Statement on 24-11-2014 and was credited to the account of the complainant.  It is averred that the men of O.Ps were not in dereliction of duty and there is no deficiency of service on their part, the complaint merits no consideration and is liable to be dismissed.  

          In support of complainant’s case he filed affidavit evidence and got marked Ex.A.1 to A.9.   On behalf of O.Ps they filed affidavit evidence of R.W.1 and got marked Ex.B.1 on their behalf.  Perused the material placed on record and heard the counsel for both the parties.

Now the point for determination is whether there is deficiency in service on the part of O.Ps in making payment of prized amount to the complainant and whether the complainant is entitled to get the reliefs prayed for ?

          Points: -   The learned counsel for complainant has contended that though the complainant furnished sufficient sureties to the satisfaction of the Foreman, the O.Ps did not pay the prized amount and as the act of O.Ps caused mental agony and financial loss, he has rightly filed the complaint and is therefore entitled to get the reliefs prayed for.  As against the above said contention, the learned counsel for O.Ps has contended that the sureties furnished by the complainant are the residents of Rajahmundry and as they are residing at far away place some delay was caused to verify their competency to stand as sureties and after the Foreman was satisfied with them the prize amount was sent to the complainant through a cheque dated 30-5-2014 for Rs.4,51,257/- as shown in Ex.B.1 and as the men of O.Ps are not in dereliction of duty and as there is no deficiency of service on their part, the complaint is liable to be dismissed.

          As seen from the material placed on record it is clear that the complainant joined in the chit run by the O.P and was allotted ticket No.PFR 8/46 and the total chit value is Rs.5,00,000/- to be subscribed at Rs.10,000/- p.m., for 50 months and in the auction held on 9-12-2013 he became the highest bidder and to draw the prize amount he furnished sureties and as per Ex.B.1 statement the prize amount was credited to the account of the complainant on 24-11-2014.   Before filing this complaint, legal notices were got issued by the complainant dt.11-4-2014 and 5-6-2014 which are marked as Ex.A.3 and A.6 respectively.  In the above said notices as well as in the complaint the complainant did not disclose as to on what date he furnished the sureties to enable the O.Ps to pay the prize amount to him.  Ex.A.6 is the reply notice got issued by the O.Ps and as seen from its contents, the O.Ps sent a cheque bearing No.000451 dt.30-5-2014 for Rs.4,51,257/- drawn on Andhra Bank, Parvathipuram branch and as the complainant did not receive the same it was returned back to the O.Ps. 

          In the counter filed by the O.Ps it is clearly averred that the O.Ps sent account payee cheque for Rs.4,51,257/- and as per Bank Statement the said cheque was honoured on 24-11-2014.  The complainant did not dispute about the receipt of cheque or its encashment by filing any rejoinder in this Forum.  The complainant filed this complaint on 8-12-2014 but in the said complaint he did not disclose about the receipt of prize amount.  On the other hand, the contents of complaint reveals that no amount was received by the complainant towards prize amount as on the date of filing the complaint.  Since the complainant has already received a sum of Rs.4,51,257/- towards the prize amount and as he did not dispute the contents of counter pertaining to payment of prize amount it can safely be held he received the above said amount towards full and final settlement of prize amount only.

          The complainant sought for the relief to direct the O.Ps to pay a sum of Rs.1,00,000/- towards compensation for causing mental agony to him.   He did not adduce any positive evidence to prove that the act of O.Ps in making delay in paying the prize amount has caused mental agony to him.  Though in the counter the O.Ps have contended that they have paid the prize amount by way of account payee cheque, they too did not adduce any cogent evidence to prove as to why so much delay was caused in paying the amount to the complainant.  As per complainant on 9-12-2013 the auction was held and in the said auction the complainant became the highest bidder as he foregone a sum of Rs.35,500/-.  As per contents of the counter an account payee cheque dated 30-5-2014 was issued and was sent to the complainant through their advocate on 16-7-2014.  Though they have taken a plea that some delay was caused for verifying the competency of sureties to enable the O.P’s to pay the prize amount to the complainant they did not disclose the nature of enquiry made by them in this regard and the extent of delay caused.

In the counter it is averred that the cheque was issued on 30-5-2014 and the same was honoured by the Bank on 24-11-2014.  Hence, it is clear that there is 6 months delay from the date of issuance of cheque to the date of honouring the same by the Bank.  The O.Ps did not explain as to why the said delay was caused in honouring the cheque by the Bank on 24-11-2014.  Since the O.Ps did not give appropriate explaination for causing delay in issuing the cheque and in getting the same realized, their act must have caused mental agony and discomfort to the complainant.  Hence, the complainant is entitled to get some amount towards the damages for causing mental agony to him by the O.Ps.

In the result, the complaint is partly allowed directing the O.Ps to pay a sum of Rs.20,000/- (Rupees twenty thousand only) towards damages for causing mental agony to the complainant and also to pay a sum of Rs.2,000/- (Rupees two thousand only) towards costs which includes the advocate fee of Rs.500/- (Rupees five hundred only).    The O.Ps are directed to comply the order within 2 months from today.

Dictated to the Typist, transcribed by her, corrected by me and pronounced by us in the open Forum, this the  17^th  day of July, 2015.

Member                                                           President.

C.C. 76 of 2014

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

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

DOCUMENTS MARKED.

For complainant:-

1. Ex.A.1 Original Chit Book dt.26-2-2011 to 8.4.2014
2. Ex.A.2 Original Bunch of receipts
3. Ex.A.3 Original copy of legal notice dt.11-4-2014
4. Ex.A.4 Original copy of Courier receipt dt.11-4-2014
5. Ex.A.5 Original copy of Legal notice dt.5-6-2014
6. Ex.A.6 Original copy of Lawyer’s notice dt.16-7-2014
7. Ex.A.7 Original copy of Courier receipt dt.5-6-2014
8. Ex.A.8 Original copy of lawyer’s reply notice dt.18-7-2014
9. Ex.A.9 Postal receipt Original dt.19-7-2014. 

         For O.P:-        

1. Ex.B.1  Statement of Andhra Bank

                                                                                      President.