Before the District Forum: Kurnool
Present: Sri K.V.H. Prasad, B.A., LL.B., President
And
Smt C.Preethi, M.A., LL.B., Member
Sri R.Ramachandra Reddy, B.Com., LL.B., Member
Friday the 25th day of February, 2005
C.D.No. 117/2004
T.V.Subramanaym Setty,
S/o. T.Seenaiah Setty,
12/69, Sharoof Bazar,
Adoni. . . . Complainant represented by
his counsel .
-Vs-
1. The Managing Director,
Smt K. Ananthalakshmi,
W/o. K.Venkats Ramana Reddy,
D.No. 2-159/1/A,
Opp. Adoni Arts, Science College,
College Road, Adoni.
2. The Registrar of Chits,
The District Registrar Office,
Kallur Estate,
Kurnool. . . . Opposite parties
O R D E R
(As per Smt C.Preethi, Hon’ble Lady Member)
1. This CD complaint of the complainant is filed under section 12 of C.P. Act, 1986, seeking a direction on the opposite parties to pay chit amount of Rs.2,29,700/- (Rs.2,69,700- Minus Rs.40,000/-) with interest @ 9% per annum from November 2001, compensation for mental agony, Rs.2,000/- as costs and any other relief or reliefs which the complainant is entitled in the circumstances of the case.
2. The brief facts of the complainant’s case is that the complainant joined as a member with opposite party No.1 vide chit No. YCK/F1/13 and the said chit is registered with opposite party No.2. The said chit period was for 30 months value of the chit Rs.3,00,000/-, monthly installment was of Rs.10,000/- and the complainant paid 26 installments and participated in the auction held in July 2001 and was a successful bidder to the amount of Rs.2,69,700/-. The complainant made several approaches and demands with opposite party No.1 for payment of bid amount but the opposite party No.1 did not pay the bid amount and postponed on one pretext or other. The said chit was closed in the month of November 2001. For the above said lapsive conduct the complainant got issued legal notice dt 4.12.2001 but of no avail. The opposite party No.2 is the Registrar of the Chit and is in Poneinen Guarantee amount of the chit No. YCK/F1/13. Failure on part of opposite party No.1 to pay the bid amount was held deficiency of service to the complainant and was constrained to seek redressal in this Forum.
- The complainant in support of his case relied on the following documents Viz (1)Pass book issued to the complainant by opposite party No.1 and (2) four payment receipts dt 9.5.2001, 29.5.2001, 16.6.2001 and 23.6.2001, besides to the sworn affidavit of the complainant in reiteration of his complaint averments,
the above documents are marked as Ex A.1 & A.2 for its appreciation in this case and caused interrogatories to opposite party No.2.
4. In pursuance to the notice of this Forum as to this case of the complainant the opposite party No.2 appeared before this Forum and contested the case by filing denial written version denying all the allegations made in the complaint. The opposite party No.1 remained absent through out the case proceedings.
5. The written version of opposite party No.2 submits that opposite party No.1 represented by its Managing Director, Smt K. Anantha Laxmi W/o. Late K.Venkata Ramana Murthy is doing chit business registering bye laws of their several chit groups following due procedure. The group of the complainant YCK/F1 for Rs.3,00,000/- was not registered and no FDR is deposited hence, it appears to be an unregistered chit and seeks for the dismissal of complainant as there is no cause of action made against opposite party No.2.
6. Hence the point for consideration is to what relief the complainant is remaining entitled alleging deficiency of service on part of opposite parties?:-
7. The Ex A.1 is the pass book of the complainant issued by opposite party No.2 bearing chit No. YCKF1, it envisages the period of chit is for a period of 30 months and monthly installments at Rs.10,000/- and the chit value is Rs.3,00,000/-. The complainant paid 26 installments and paid last installment on 23.6.2001, the same fact was acknowledged by opposite party No.1 in Ex A.1. The said payment of 26 installments are made vide Ex A.2. The Ex A.2 are the receipts issued by opposite party No.1 to the complainant dt 9.5.2001, 29.5.2001, 16.6.2001 and 23.6.2001, which envisages the payment of 26 installments by the complainant to the opposite party No.1 for the chit series No. YCKF1 for the months from June, 99 to July, 2001 and the value of the chit is Rs.3,00,000/-.
8. The complainant alleges that he participated in the action conducted by opposite party No.1 on July, 1,2001 and was the successful bidder for Rs.2,69,700/- and the said amount should by opposite party No.1 to the complainant on the auction day itself, but inspite of several demands the opposite party No.1 did not pay the bid amount, and chit was closed in November, 2001. But even after a lapse of 2 years the opposite party No.1 did not pay the bid amount to the complainant.
9. The complainant now seeks for payment of bid amount of Rs.2,69,700/- minus Rs.40,000/- ( four balance installments). As the opposite party No.1 remained absent through out the case proceedings, and there is no rebutting material, therefore the case of the complainant is to be accepted in to and the facts so envisaged in Ex A.1 & A.2 and the complaint avernemnts and complainant’s sworn affidavit avernemnts in –reiteration of its case are neither denied nor rebutted by the opposite party No.1 and there appears every bonafides in the claim of the complainant.
10. In the present case the complainant made Register of chits as opposite party No.2, the written version of opposite party No.2 submits that the said chit is not registered with him and hence no FDR is deposited with him and as no cause of action was made by the complainant against opposite party No.2, the case against opposite party No.2 is dismissed.
11. The said lapsive conduct of opposite party No.1 in not paying the bid amount to the complainant after he became successful bidder in the bid held on July, 1,2001 is amounting to deficiency of service to the complainant consumer and there by grievances of the complainant are just and reasonable and are to be accepted, and there by the complainant is perfectly remaining entitled to the reliefs sought.
12. In the light of the above discussions and material record supporting the claim of the complainant, as the conduct of opposite party No.1 in not paying the chit bid amount to the complainant and there by remaining absent to the case proceedings is amounting to deficiency of service to the complainant.
13. Consequently the case is allowed directing the opposite party No.1 to pay the bid amount of Rs. 2,29,700/- ( Rs. 2,69,700- Rs.40,000/-) to the complainant with 12% interest from the date of auction till realization along with costs of Rs.10,000/- within a month of receipt of this order.
Dictated to the Stenographer, Typed to the Dictation corrected by us, pronounced in the Open Court this the 25th day of February, 2005
Sd/-
Sd/- PRESIDENT sd/-
MEMBER MEMBER
