Karnataka

Kolar

CC/31/2019

Sri.A.N.Prahaladha Rao - Complainant(s)

Versus

The Manager,Gowri Ganesha Chit Fund Pvt Ltd, - Opp.Party(s)

30 Sep 2019

ORDER

Date of Filing: 26.04.2019

Date of Disposal: 30.09.2019

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 30^TH DAY OF SEPTEMBER 2019

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 31 OF 2019

Sri. A.N. Prahaladha Rao,

S/o. A. Narasimhamurthy Rao,

Aged About 76 Years,

T. Agara Village, Tayaluru Post,

PIN-563136, Mulabagal Taluk,

Kolar District.                                                     ….  COMPLAINANT.

(Rep. by In-person)

 

- V/s –

1) The Manager,

Gowri Ganesha Chit Fund Private Limited,

Kolar District, Kolar.

(Rep. by Sri. K. Srinivas, Advocate)

 

2) The General Managing & Director,

Gowri Ganesha Chit Fund Private Limited,

Register & Administration Office,

No.307, 1^st Floor, 2^nd Main, 7^th Cross,

Domaluru Layout,

Bangalore-560 071.

(Rep. by Sri. Prasad. N, Advocate)

 

3) The Manager,

Gowri Ganesha Chit Fund Private Limited,

Vijayanagara Branch, Vijayanagara,

BANGALORE.

(Rep. by Sri. Prasad. N, Advocate)                              …. OPPOSITE PARTIES.

:: ORDER ::

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint against the OPs and prays to direct the OPs to pay a sum of Rs.5,25,000/- and prays to allow the complaint.

02.   The brief facts of the complainant case is that, he was one of the chit fund member of OP No.1 having chit No.GFL(CA)UJ1006/12 for Rs.5,00,000/- having membership No.40.   Each member has to pay Rs.12,500/- on every month towards the said chit.  The said chit commenced from 26.08.2015 to 26.10.2018 and he was the member at Kolar branch.  The earlier Manager was transferred and the new Manager has transferred the said chit to Vijayanagara Branch and caused loss of Rs.25,000/- by taking 31 installment instead of 33 and sent the said pass-book.  The said chit was closed and he paid the installments on every month till 15.10.2018.  Now the OP has to pay Rs.4,62,500/- and interest of Rs.33,300/-, mental agony and litigation expenses of Rs.5,000/- and in all Rs.5,25,000/- and he has produced the documents to support his case and prays to allow the complaint.

03.   OP No.1 and OP Nos.2, 3 appeared through their counsel and did not file version. 

04.   The complainant has filed affidavit evidence by way of examination-in-chief to support his case.

05.   Heard arguments of the complainant.

06.   Now the points that do arise for our consideration are that:-

1. Whether the complainant has proved deficiency of service on the part of the OPs and is entitled for the relief as prayed by him?

 

2. What order?

 

07.   Our findings on the above stated points are:-

POINT No.1:-   Partly in the Affirmative

       

POINT No.2:-   As per the final order

for the following:-

REASONS

08.   POINT No.1:-

        We have perused the complaint, affidavit evidence and the documents produced by the complainant.  The complainant was one of the chit fund member of OP No.1 having membership No.40 for Rs.5,00,000/- at Kolar Branch and each member has to pay Rs.12,500/- on every month.  The said chit commences from 26.08.2015 to 26.10.2018.    The Manager of the said branch was transferred and the New Manager has transferred the said chit to Vijayanagara Branch and taken 31 installments instead of 33 installments and caused loss of Rs.25,000/-.  The said chit is closed.  The complainant has paid the installments on every month at the Office till 15.10.2018.  The complainant has produced Xerox copy of the pass-book and Xerox copy of the account extract to support his case.  The OPs are due of Rs.4,62,500/- towards chit amount, interest @ 18% of Rs.33,300/- and also claiming amount towards mental agony and litigation expenses of Rs.5,000/- and  in all, the complainant is claiming a sum of Rs.5,25,000/- including commission amount of Rs.25,000/-.

09.   During the pendency of the case, on 01.07.2019 the complainant and representative of OP No.1 appeared before the Forum and OP No.1 has submitted that, amount has been deposited to the account of the complainant through RTGS and the case was adjourned for further payment.  On 06.07.2019 the complainant has submitted that, only a sum of Rs.1,00,000/- has been sent to his account through RTGS.  But later on the OP No.1 did not appear before Forum and not at all filed version.  The other OPs also not filed version.  The complainant has filed affidavit evidence to support his case.  As per the contention of OP No.1, he has deposited a sum of Rs.1,00,000/- to the account of the complainant and it reveals about admitting the claim of the complainant.  The complainant has not produced any documents for causing loss of Rs.25,000/- by OPs and not convinced the Forum to that effect and the complainant is not entitled for the said amount.

10.   The OPs are due of chit amount of Rs.4,62,500/- and OP No.1 has paid a sum of Rs.1,00,000/- through RTGS to the account of the complainant and the remaining chit amount of Rs.3,62,500/- is not paid by the OPs though OP No.1 has taken sufficient time and thereby there is a deficiency of service on the part of the OPs. The OPs are due of chit amount of Rs.3,62,500/-.  The complainant is also entitled towards mental agony of Rs.5,000/- and litigation expenses of Rs.3,000/-.  In all, the OPs are jointly and severally liable to pay a sum of Rs.3,70,500/- to the complainant.  Hence as discussed above, we answer Point No.1 accordingly is in partly affirmative.

POINT No.2:-

11.   In view of our finding on Point No.1 and the discussions made thereon, we proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant is hereby allowed-in-part.

02.   The OPs are hereby directed to pay a sum of Rs.3,70,500/- to the complainant within 30 days from the date of receipt of this order and failing which the OPs shall pay interest @ 6% per annum from the date of filing of the complaint till realization of the amount. 

03.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 30^th DAY OF SEPTEMBER 2019)

 

 

 

 

   LADY MEMBER                            PRESIDENT