Andhra Pradesh

Chittoor-II at triputi

CC/14/2015

P.Subbarao, S/o. P.Krishnaiah Chetty, aged about 61 years - Complainant(s)

Versus

The Manager - Opp.Party(s)

M.Mohan Raju

20 Jan 2016

ORDER

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     Filing Date:07.04.2015

Order Date: 20.01.2016

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.M.Ramakrishnaiah, President

          Smt. T.Anitha, Member

 

 

WEDNESDAY THE TWENTIETH DAY OF JANUARY, TWO THOUSAND AND SIXTEEN

 

 

C.C.No.14/2015

 

Between

 

P.Subba Rao S/o. P. Krishnaah Chetty,

Hindu, aged about 61 years, residing at

House No.502/A3, Chenzi Plaza,

Opp SBI, Tilak road branch, KT road,

Tirupati.                                                                               … Complainant

 

 

 

And

11

The Manager,

Kapil Chits (Hyderabad) Pvt ltd,

Plot no. 18, Mitta Enclave, RC Road,

Tirupati.

                                                                                         …Opposite party.

 

     This complaint coming on before us for final hearing on 30.12.2015 and upon perusing the complaint, Written arguments of the complainant and other relevant material papers on record and on hearing of Sri. M. Mohan Raju the counsel for the complainant and opposite party is remained exparte and having stood over till this day for consideration, this Forum made the following:-

                                                              ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

           

          This complaint is filed under Section-12 of the Consumer Protection Act 1986, complaining the deficiency of service on part of the opposite party and prayed this Forum to direct the opposite party to pay prize money of Rs.6,00,000/- to the complainant with interest at 24% per annum till the date of payment in the Chit No.31 and to pay a sum of Rs.50,000/- towards damages for causing mental agony and to pay costs of the complaint.

          2. The averments of the complaint in brief are:-  The complainant joined as a subscriber in the chit of the opposite party in the month of April, 2013 for the value of Rs.10,00,000/- for a period of 50 months with a monthly subscription of Rs.20,000/-per month. The complainant further submits that the agent of the opposite party approached the complainant and requested him to join in the above said chit and promised him that they will collect the monthly subscription from the complainant personally and he need not come to the office of the opposite party for the payment of the subscription. It is further submits that the complainant came to knowledge by receiving the letter of the opposite party on 17.12.2013, that the complainant became the  prized bidder in the auction which was held in 23.10.2013 of Rs.6,00,000/- from fore going amount of Rs.4,00,000/- from 10,00,000/-. Accordingly he submits the sureties along with their income tax returns. After receipt of the said sureties also the opposite party failed to pay the bid amount to the complainant. Hence he addressed the letters on 15.10.2013, 24.01.2014, 15.02.2014 and finally on 25.02.2014 for the payment of the prized bid amount. But they failed to pay the same. On 12.02.2014 the complainant received a letter from the opposite party that he has to pay the arrears of Rs.94,984-50Ps towards subscription amount without paying the prized bid amount. After receipt of the said letter also the complainant sent a reply letter that he is ready to pay the arrears and also demanding the opposite party for the payment of bid amount and also stated that he has no intention to default in payment of the due amount, because the opposite party themselves failed to attend his office and  collected  the subscription as promised at the time of joining in the chit. Hence there are no latches on part of him.

          3. The complainant further submits that the opposite party failed to pay the chit amount even after receipt of the sureties submitted by him and also fail to collect the subscription amount from the complainant as promised by them and  has no right to remove the complainant from the list of the subscribers in the said chit. Finally the complainant issued a legal notice on 31.05.2014 calling upon the opposite party to pay the prized amount and to pay damages causing mental agony to the complainant. Even after receipt of the said notice the opposite party failed to comply the same. Hence so far the amount is not disposed on account of which the complainant was put to great inconvenience and hardship which is nothing but deficiency of service on part of the opposite party. Hence the complainant filed the present complaint.    

          4. Notices were served to the opposite party who remained exparte. The complainant filed chief affidavit and written arguments and Ex.A1 to A6 were marked, now the points for consideration are:

            (i). Whether there is any deficiency of service on part of the opposite party? If          

                 So, to what extent? 

           (ii)  To what result?

           5. Point No.(i):-  As the opposite party remained exparte, the complaint allegation are deemed to be un challenged. Apart from that the documents referred above clearly showed that the complainant was a subscriber of the chit of the opposite party under chit no. FTPT06P-31 and also proved the payment of the subscription as entered in the pass book under Ex.A5 and also receipt under Ex.A6. 

          6. The counsel for the complainant pointed that after due submission of the proper sureties, it was duly verified by the opposite party but the amount was not released. On the other hand the complainant stated that he received one letter on 12.02.2014 from the opposite party i.e. Ex.A3 demanding the complainant to pay the due amounts of subscription with dividend of Rs.94,984,50-Ps  for the months of October, November, December of 2013 and for the month of January 2014, and also stated that if he fails to pay the above said due amount on or before 27.02.2014 he will be removed from the list of the subscribers of the chit. But the complainant clearly stated that in the auction on 23.10.2013 he prized the bid for Rs.6,00,000/-  by fore going amount of Rs.4,00,000/- but the opposite party failed to pay the bid amount even after submission of the sureties by him and also stated that the agents of the complainant failed to collect  the subscription amount personally  from him as promised at the time of joining in the chit. Hence because of the latches on part of the opposite party he has not paid the subscription in time and also he sent several reminder letters to the opposite party for the payment of the bid amount under Ex.A4 but even after receipt of the said letters the opposite party failed to pay the same. But in order to prove his contention that he participated in the auction which was held on 23.10.2013 and he prized the bid and also he submitted the sureties to the opposite party he regarding that   failed to place any documentary evidence to prove the same. The next contention of the complainant that, because of the inaction of the opposite party in collecting the subscription personally from the complainant, he has not paid the subscription to the opposite party and there is no willful default on part of him. But in order to support his version he failed to place any documentary proof to consider his contention. But as per the pace of the record under Ex.A3 clearly shows that the complainant defaulted the due amount of subscription. Hence as per the settled preposition the defaulters cannot claim the compensation. Hence in the absence of any documentary evidence we cannot come to the correct conclusion that the complainant is entitled for the damages for the deficiency of service and also for the prized bid amount. Anyhow the opposite party failed to appear before this Forum to challenge the contention of the complainant which draws adverse inference against opposite party. Hence we are of the opinion that there is some sort of deficiency of service on part of the opposite party for some extent.

          7. As per the evidence placed before this Forum it clearly shows that the complainant is a defaulter and also he has not placed any documentary proof that he prized the bid. Hence he is not entitled for the prized amount in the absence of any documentary proof and also the defaulter is not entitled for damages. Anyhow under Ex.A5 that he has paid the subscription till the month of July 2013 for a sum of Rs.92,000/- and also Rs.26,050/- under Ex.A6 through cheque. Hence he totally paid Rs.92,000+26,050=1,22,050/- to opposite party towards subscription. Hence the complainant is entitled for a sum of Rs.1,22,050/- with interest @ 9% per annum from the date of the complaint till the date of realization. Hence this point is answered.                     

          8. Point No.(ii):-  In the result, complaint is  allowed in part  directing  the opposite party  to pay  Rs. 1,22,000/- (Rupees  one lakh twenty two thousand  only) with interest @ 9% per annum from the date of the complaint till realization. The opposite party further directed to pay a sum of Rs.2000/- ( Rupees two thousand only) towards costs of the litigation  and rest of the claim is dismissed.  

          Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 20^th day of January, 2016.

          Sd/-                                                                                                                   Sd/-

  Lady Member                                                                                                    President

 

APPENDIX OF EVIDENCE

 

WITNESSES EXAMINED ON BEHALF OF COMPLAINANT.

 

PW-1: P. Subba Rao (Chief affidavit filed).

 

WITNESSES EXAMINED ON BEHALF OF OPPOSITE PARTY.

 

-NIL-

 

                 EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT.

 

EXHIBITS (EX.A)	DESCRIPTION OF DOCUMENTS
	Office copy of Notice issued by the complainant to respondent and postal receipt. dt: 31.05.2014.
	Postal acknowledgement due. Dt: 25.06.2014.
	Photo copy of Letter of respondent authorities to complainant. dt: 12.02.2014.
	Photo copy of Letter of complainant to respondent authorities. dt: 15.10.2013.
	Pass Book of Kapil Chits (Hyderabad) Private Limited in Original.
	Copy of chit payment receipt of Kapil Group. Chit No-FTPT06P-31                      dt: 16.10.2013.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY

 

-NIL-

 

 

                                                                                                                    Sd/-  

                                                                                                               President

 

 

                                                            // TRUE COPY //

 

// BY ORDER //

Head Clerk/Sheristadar,

                                                Dist. Consumer Forum-II, Tirupati.

 

 

Copies to:- 1. The  Complainant.

                   2. The Opposite party.