IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.
Dated this 18 September 2017
Complaint No. 76/2014
Present: 1) Shri. B.V.Gudli, President
2) Smt.Sunita Member
-***-
Complainant/s:
Sri.Balesh s/o.Siddappa Patil,
Age: 32 years, Occ: Business,
R/o.A/P.Devageri, Tq. & Dist. Belagavi.
(By Sri.K.B.Khadakbhavi, Advocate).
V/s.
Opponent/s:
The Manager,
Patson Chits Pvt. Ltd.,
A-Wing, 1st floor,
MG Bhavan, College Road,
Behind Sanman Hotel, Belagavi.
(O.P. by Sri.D.S.Pachandi)
(Order dictated by Shri. B.V.Gudli, President)
ORDER
U/s.12 of the C.P. Act, complainant has filed the complaint against the O.P. alleging non payment of chit fund amount.
2) Upon service of notice O.P appeared through his counsel and filed objections & affidavit along with some documents. Written argument is filed on behalf of OP.
3) In support of the claim in the complaint, complainant has filed his affidavit and produced some documents. Written argument is filed on behalf of complainant.
4) We have heard the argument of both side and perused the records.
5) Now the point for our consideration is that whether the complainant/s have proved deficiency in service on the part of the O.P. and complainant is entitled to the reliefs sought?
6) Our finding on the point is partly in negative, for the following reasons.
:: R E A S O N S ::
7) On perusal contents of the complaint and affidavit filed by the complainant the complainant has averred that, complainant is a member of OP chits company under group No.F/2011, Ticket No.25 for Rs.6 lakhs. Accordingly complainant paid Rs.40000/- as initial 2 instalments to the OP chits company. The complainant became member to the OP chits company in the group members of Rs.6 lakhs on 24.11.2011. Thereafter complainant went on paying instalments of Rs.15000/- to the OP chits company and he has paid 11 instalments of Rs.165000/- every month @ Rs.15000/- p.m. with 30% bid. So in all complainant has paid Rs.2,05,000/- on 13 instalments to the OP chits company excluding dividend amount Rs.5000/- per instalment i.e. Rs.55000/- of 11 instalments. In all complainant paid Rs.2,60.000/- in the OP chits company. On 28.03.2013 OP chits company issued notice to complainant demanding to pay arrears of 4 instalments of Rs.61200/-. Hence complainant approached OP chits company office, but the officials of OP chits company have told that complainant’s membership is cancelled as he was in due of 4 instalments and in his place another person has been added. They further told that, complainant’s instalment amount will be paid at the end of group. Believing the words of OP chits company officials complainant waited for 15 months but thereafter the OP chits company failed to pay complainant’s invested amount. Hence complainant issued legal notice to OP chits company on 26.12.2013 calling upon them to pay instalments amount paid by complainant. To that notice OP chits company issued reply stating that, complainant has introduced Mehboobsab N.Laadkhan who also became member to the OP chits company to the chits group of Rs.10 lakh under No.H/2001 with ticket no.12 and further contended that the Mehboobsab N.Laadkhan has taken an amount of Rs.7 lakhs in the auction of the bid @30% in the group of Rs.10 lakhs on 25.11.2011 and immediately the OP chits company without taking any relevant documents from the said person issued a cheque No.301127 dt.25.11.2011 drawn on Karur Vysya Bank, Belagavi through RTGS is transferred directly to the account of Mehboobsab N.Laadkhan. The complainant further averred that, he has became member to OP chits company on 24.11.2011 and Mehboobsab N.Laadkhan became a winner in the group of Rs.10 lakhs on 22.11.2011 i.e. 2 days prior to the membership of complainant. Hence question of standing as surety to Mehboobsab N.Laadkhan does not arise. Because on 24.11.2011 when the complainant became member to the group of Rs.6 lakhs the OP chits company has taken a signature on the various documents and also taken 3 blank cheques. Apart from that complainant has not signed to the documents of Mehboobsab N.Laadkhan. Hence the question of complainant’s suretyship showing to the loan documents is totally false and fabricated. Inspite of several requests the OP chits company failed to pay amount invested by the complainant. The act of OP amounts to deficiency in service. Therefore the complainant is are constrained to file this complaint against OPs.
8) On perusal of contents of objections and evidence affidavit of manger of OP chits company, he has contended that, complainant who is the member of Group.F/2011 Ticket No.25 has paid only 13 instalments which amounts to total Rs.2,05,000/- & after 13th instalment the complainant became defaulter. Further, the complainant has introduced one Mehboobsab N.Laadkhan, who also become a member to OP chits company for the chit group of Rs.10 lakhs under Group No.H/2011, Ticket No.12. The said Mehboobsab N.Laadkhan is the best friend of Mehboobsab N.Laadkhan and has become a successful bidder to the said group of Rs.10 lakhs auctioned at 30% and has taken the chit prize amount Rs.7 lakhs on 25.11.2011 under cheque no.301127 dt.25.11.2011, for which complainant has stood as guarantor no.2 to the said account of Mehboobsab N.Laadkhan and after completing all the legal formalities the said amount has been disbursed to the Mehboobsab N.Laadkhan. The friend of the complainant Mehboobsab N.Laadkhan has made a default in payment of instalments & hence a legal notice has been issued by OP chits company to the said Mehboobsab N.Laadkhan and other guarantors. The said legal notice has been duly served on complainant on 21.11.2013. Inspite of issuing legal notice the amount of Mehboobsab N.Laadkhan has not been settled. Therefore the amount lying in the OP chits company i.e. 13 instalments paid by the complainant amounts to Rs.2,05,000/- out of which 5% is company’s commission Rs.30000/- and by deducting the same total amount Rs.1,75,000/- is withheld by OP chits company. The amount of the complainant Rs.1,75,000/- which the OP chits company is ready to pay to the complainant, provided the complainant should settle the account of Mehboobsab N.Laadkhan. The OP chits company holds absolute rights to retain the any amount even of the principal debtors as well as sureties under Right of Lien as per agreed terms and conditions of the chit agreement/ contract. Hence there is no deficiency in service on the part of OP and accordingly prays for dismissal of the complaint.
9) On perusal of contents of complaint averments, the complainant has simply denied regarding surety to one Mehboobsab N.Laadkhan. To that extent the OP has produced chit agreement of guarantee dt.22.11.2011, status of prized subscriber, letter by prized subscriber and bond executed by the prized subscriber as well as sureties, wherein these documents the name of complainant are clearly mentioned as Guarantor NO.2 and complainant has also put his signatures to these documents. To disprove these documents or to disprove the signatures of the complainant, the complainant has not produced any cogent evidence before the forum. Hence it is quite clear that, the complainant has stood surety to the Mehboobsab N.Laadkhan. As per the contention of both parties the said Mehboobsab N.Laadkhan become a member to OP chits company for the chit group of Rs.10 lakhs under Group No.H/2011, Ticket No.12 and has become a successful bidder to the said group of Rs.10 lakhs auctioned at 30% and has taken the chit prize amount Rs.7 lakhs on 25.11.2011 under cheque no.301127 dt.25.11.2011.
10) The another contention of complainant is that, he has became member to OP chits company on 24.11.2011 and Mehboobsab N.Laadkhan became a winner in the group of Rs.10 lakhs on 22.11.2011 i.e. 2 days prior to the membership of complainant. Hence question of standing as surety to Mehboobsab N.Laadkhan does not arise. But on perusal of agreement of guarantee, the said agreement of guarantee is dt.22.11.2011 between 5 pm to 9 pm and the complainant has also put his signature to that agreement of guarantee. Except the bare statement the complainant has not produced any documents to prove his own allegation. Admittedly, the complainant issued legal notice to OP chits company on 26.11.2013, by that time he had knowledge about the fact that, his invested amount in OP chits company has been withheld due to non payment of amount by Mehboobsab N.Laadkhan and complainant’s surety to the said Mehboobsab N.Laadkhan. The present complaint is filed on 23.01.2014. If the complainant was not a guarantor no.2 to the said documents the complainant might have filed complaint before the jurisdictional police against OP chit company between these days i.e. 26.11.2013 to 23.01.2014.
11) The advocate for OP has relied on decisions reported in AIR 1992 Orissa 281, air 1992 SC 1749, AIR 2002 MP 81, AIR 2000 Karnataka 201, AIR 1992 SC 1066, wherein it is observed that, “the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract”. The decisions relied on by the advocate for OP are applicable to the case on hand.
12) Taking into consideration of the facts, evidence on record and the discussion made here before deficiency in service on the part of the O.P. has not been proved.
13) Accordingly, the following
:ORDER:
The complaint is dismissed. No order as to costs.
(Order dictated, corrected and then pronounced in the open Forum on: 18 September 2017)
MSR
