This C.C. is coming on before us for hearing in the presence of      Sri B. Venkateswarlu and Sri. V.Ranga Rao, Advocates for Complainant and of Sri P. Rama Kishan Rao, Advocate for opposite parties No. 1; opposite party No.2 called absent; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following order:-

O R D E R

(Per Sri R. Kiran Kumar, FAC President)

          This Complaint is filed u/s.12-A of Consumer Protection Act, 1986. 

2.      The averments made in the complaint are that the complainant is a practicing advocate, resident of Khammam, he joined as a subscriber in Opposite parties company on 31-10-2012, with Chit Group Series No.17, ticket No.15 for a period of 50 months and value of chit was Rs.20,00,000/-.   The complainant submitted that he has been paying subscription amount regularly since his joining of the said chit series, but the receipt No.3573201690, dt. 30-07-2015 for an amount of Rs.16,000/- was not entered in the ledger book of complainants account and pass book of the complainant.  The complainant further submitted that he lodged a complaint on 24-02-2016 before the Manager of opposite party No.1 regarding the receipt No.3573201690 for Rs.16,000/- and also for the matured deposit amount which was deposited by him in the said branch as the surety to the auctioned chit amount.  The complainant further submitted that he approached the Manager of opposite party No.1 on 21-07-2016 for enquiry about the amount of Rs.16,000/- which was not entered in his account, for that the present Manager answered that the collection amount was collected by the earlier Manager, whereas it is not concerned to him and stated that the Branch Manager was transferred.  The complainant further submitted that the opposite party No.1 Company failed to inform regarding the said amount which was not entered in his account.  The complainant further submitted that as there is no response from the opposite parties even after making representation about non-entering the installment amount paid by him, for that the complainant constrained to file this complaint. 

3.     While the matter is pending, the complainant filed a petition praying this Forum, to direct the opposite party No.1 to furnish the cheque bearing No.883000 of Indian Overseas Bank, Khammam before this Forum, on his petition the opposite party No.1 filed the cheque bearing No.883000 dt. 30-07-2015 for an amount of Rs.16,000/-.

4.     To prove his case, the complainant filed the following documents and the same have been marked as Exs.A-1 to A-3.

Ex.A-1:-Representation, dt.01-05-2006 made by the complainant to the opposite party No.1.

Ex.A-2:-Photocopy of Chit Pass Book along with relevant entries.

Ex.A-3:-Temporary Receipt No. 3573201690, dt. 30-07-2015 for an amount of Rs.16,000/-.

5.      On receipt of notice, the opposite party No.1 appeared through their counsel and filed counter.  In their counter the opposite party No.1 admitted that the complainant is a subscriber of opposite party company in Chit Group vide ticket No. FKMT01S-17, of the Z.P. Centre branch and the value of chit was Rs.20,00,000/-, the chit was commenced in the month of October 2012 and the closer of the chit is in the month of November 2016, the last installment has to be paid by the subscriber in the month of November 2016.  The opposite party No.1 further submitted that the complainant was irregular in payment of chit installments and he used to pay the subscription amount piece meal and all the payments are made through the cheques of different banks and he never paid subscription amount by way of cash at any point of time, i.e. from the commencement of chit till it’s closer.  The opposite party No.1 further submitted that the contents of the complaint does not speak about the mode of payment of the amount, the ledger account reflex that the complainant paid part payment of Rs.16,000/- through cheque No.883000 of Indian Overseas Bank and the opposite party No.1 branch issued temporary receipt No.3573201690 on 30-07-2015.  The opposite party No.1 further submitted that, when the said cheque was presented in the bank for collection, it was dishonored and the amout was not adjusted and moreover an amount of Rs.201/- debited from the account of the company towards charges and the same was reflected in the ledger maintained by the bank in respect of the said chit and the amount of Rs.16,000/- was not credited in the ledger.  The opposite party No.1 further submitted that the complainant paid part payment through cheques and the amounts were adjusted in his account   and the complainant never complained of the missing of the disputed amount.  After closer of the chit in order to avoid payment of outstanding due, the complainant is making false allegations against the opposite parties.  the opposite parties further submitted that the ledger account shows an outstanding due of Rs.71,625/- and penalty of Rs.10,492/-, totally amount of Rs.82,117/- is overdue from the complainant and steps are being initiated to recover the due amount.  The opposite party No.1 further submitted that the complainant without properly looking into the account, throwing blame on the company and filed this false complaint as such prayed to dismiss the complaint.   

6.      On behalf of the opposite party No.1 the following documents were filed and have been marked as Ex.B-1 and B-2.

Ex.B-1:-photocopy of ledger extract of Chit group vide ticket No.FKMT01S-17 pertaining to the complainant.

Ex.B-2:-Cheque bearing No.883000 dt. 30-07-2015 for an amount of Rs.16,000/-.

7.      Heard Oral Arguments from both sides. 

8.      Upon perusing the material papers on record, now the points that arose for consideration is, whether there is any deficiency of service by the opposite parties against the complainant?

Point:-

        In this case the complainant has joined as member in opposite parties  Chit Fund company in Chit Group FKMT01S-17, the value of the Chit is Rs.20,00,000/-.  According to the complainant he has been paying subscription amount regularly, but the receipt No.3573201690, dt. 30-07-2015 for an amount of Rs.16,000/- was not entered in the ledger book of the complainant’s account and pass book of the complainant for that he lodged a complaint on 24-02-2016 before the Manager of opposite party No.1.  According to the complainant he approached the Manager of opposite party No.1 on 21-07-2016 for enquiry about the amount of Rs.16,000/- which was not entered in his account, for that the present Manager answered that the amount was collected by the earlier Manager, whereas it is not concerned to him. As the opposite party No.1 Company failed to inform regarding the said amount which was not entered in his account, as there is no response from the opposite parties even after making representation about non-entering the installment amount paid by him, for that the complainant approached the Forum for redressal.

From the documents and material available on record, there is no dispute about the complainant joined as member in Chit Group.  It is the version of the complainant that he paid an amount of Rs.16,000/- vide receipt No.3573201690, dt. 30-07-2015. In oral arguments the complainant submitted that he never issued any cheque, particularly cheque bearing No.883000 to the opposite party No.1 and the same is not pertaining to him.  Basing on the documents available on record we observed that as per temporary receipt Exhibit A-3, dated 30-07-2015 the complainant made the payment through cheque bearing No.883000.  The complainant even after receipt of temporary receipt, dt. 30-07-2015 with an endorsement about the mode of payment through cheque bearing No.883000 he kept silent for all these days and in his oral arguments he denied the cheque in question which is not pertaining to him.  And also we observed that as per Ex.B-1 ledger extract pertaining to the complainant, he paid the chit installments through cheques only.   In the above facts and circumstances we are of the opinion that there are several question of facts and law is involved in the present complaint, which required adducing evidence and production of voluminous documents, and hence, a civil court of competent jurisdiction only could handle the matter.  Hence the complainant is directed to get redressal of his grievance before appropriate Forum / Civil Court.

9.      In the result, the complainant is directed to approach appropriate Forum / Civil court for redressal of his grievance. 

        Typed to dictation, corrected and pronounced by us in the open forum on this the 10^th day of February, 2017.  

      FAC PRESIDENT              MEMBER

DISTRICT CONSUMER FORUM,

   KHAMMAM.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant:-                                                 For Opposite party:-   

       -None-                                                                       -None-

DOCUMENTS MARKED:-

For Complainant:-                                                           For Opposite party:-   

FAC President              Member

District Consumer Forum,

Khammam.