Complaint filed on: 07-10-2016                                                     Disposed on: 23-08-2017

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM

OLD DC OFFICE COMPOUND, TUMAKURU-572 101

CC.No.137/2016

DATED THIS THE 23^rd DAY OF AUGUST 2017

PRESENT

SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT

SMT.GIRIJA, B.A., LADY MEMBER

Complainant: -

Smt.B.C.Shyamala

W/o. Dr.Kumaraswamy,

Aged about 38 years,

Residing at Nittur, Gubbi Taluk,

Tumakuru District

(By Advocate Sri.T.N.Gururaj)       

V/s

Opposite parties:-    

1. Vishwa Vijetha Chits (Karnataka) Private Limited

Shiny Towers, 1^st floor, Srinivasa Nursing Home Road, Tumakauru

2. Sri.Mohan Kumar,

S/o.Chandrachar,

Director, Vishwa Vijetha Chits (Karnataka) Private Limited

Shiny Towers, 1^st floor, Srinivasa Nursing Home Road, Tumakauru

Residing at Dandinashivara,

Turuvekere Taluk, Tumakuru district

3. Sri.Chandrashekarappa

S/o.Jayappa,

Director, Vishwa Vijetha Chits (Karnataka) Private Limited

Shiny Towers, 1^st floor, Srinivasa Nursing Home Road, Tumakauru

4. Sri.Lakshmiprasad,

S/o. Shivarama,

Director, Vishwa Vijetha Chits (Karnataka) Private Limited

Shiny Towers, 1^st floor, Srinivasa Nursing Home Road, Tumakauru

Residing at Balenahally, Koratagere taluk, Tumakuru district

5. Sri.Somashekar,

S/o. Arelingaiah

Director, Vishwa Vijetha Chits (Karnataka) Private Limited

Shiny Towers, 1^st floor, Srinivasa Nursing Home Road, Tumakauru

Residing at Navilhally, Gubbi Taluk, Tumakuru District

6. Sri.Muniraju

S/o. Venkatappa

Director, Vishwa Vijetha Chits (Karnataka) Private Limited

Shiny Towers, 1^st floor, Srinivasa Nursing Home Road, Tumakauru

Residing at Chikkanayakanahalli,

Tumakuru district

(OP No.1, 2, 3,4 & 6-Exparte)

(OP No.5 by Sri.K.P.Manju Prakash)

ORDER

SMT.PRATHIBHA. R.K. PRESIDENT

This complaint was filed this complainant against the OP No.1 to 6, under Section 12 of the Consumer Protection Act. The complainant prays to direct the OP No.1 to 6 to pay Rs.10,70,500=00 along with accrued benefits together with 18% interest towards the chit amount and to pay compensation of Rs.5,00,000=00 towards deficiency of service and mental agony and grant such other relief as deemed to fit, in the interest of justice and equity.

2. The brief facts of the complaint is as under.

          The OP No.1 to 6 are doing chit business in the name of Vishwa Vijetha Chits (Karnataka) Private Limited and having their registered and administrative office at Tumakuru.

          The complainant submitted that, one of the OP’s agents had approached the complainant to investment of money in the chit scheme. The complainant became a member of the chit group Ref. No.69005, ticket no.03, March-12 chit by paying Rs.12,500=00  from 15-5-2012 for a chit amount  of Rs.5,00,000=00. The said chit fund had completed and the complainant had paid all the installments.

          The complainant further submitted that, during the continuance of the above said chit, the complainant HAD became member of the chit group Ref. No.88001, ticket No.05, Jan-13 chit by paying Rs.20,000=00 per month on 19-3-2013 for a chit amount of Rs.10,00,000=00. The complainant further submitted that, he had paid 33 installments out of 50 installments amounting to Rs.4,43,000=00.

          The complainant further submitted that, the complainant also the member of the chit group Ref. No.63006, ticket no.08, Dec.13 chit by paying Rs.7,500=00 on 30-1-2014 for a chit amount of Rs.3,00,000=00. The complainant submits that he had paid 22 installments out of 40 installments amounting to Rs.1,27,500=00. The complainant submitted that, after closer of the Ref. No.69005 ticket No.03, the complainant had approached the 1^st OP and requested to pay the chit amount, but the 1^st OP postponing the payment on one or the other pretext. Later, the OPs have closed their office without any information. In this regard, the complainant gave representations to the Asst. Registrar of Co-operative societies, Tumakuru to take necessary actions, but they have not taken any action in this regard. The complainant had visited the OPs office several times, but the OPs office was locked.

          The complainant further submitted that, the complainant has requested to pay the chit amount to the complainant to the tune of Rs.5,00,000=00, Rs.4,43,000=00 and Rs.1,27,500=00; amounting to Rs.10,70,500=00 along with accrued benefits. But The OPs have not made any payment towards the chit amount and thereby they have committed deficiency of service. Due to this, the complainant had suffered mental agony and heavy loss. On 9-6-2016 the complainant got issued a legal notice to the OPs through RPAD. The OPs have evaded the service of legal notice and remained silent without making payment towards the chit amount. Hence, the complainant has come up with the present complaint.

3. In response to the forum notice, the OP No.1, 2, 3, 4 and 6 have not appeared before the forum. Despite sending notice to OPs, the same has not been served, so the complainant has taken paper publication as against the OP No.1, 2, 3, 4 and 6  and produced the paper publication and the service of paper publication is taken as sufficient. The OP No.1, 2, 3, 4 and 5 were called out absent and they have been placed exparte.

 4. The 5^th OP has appeared before the forum through his counsel and filed objections, contending interalia as under.

The averments made in the complaint are denied as false. Further the 5^th OP submitted that, the OPs were running a chit, wherein the complainant was a subscriber of Group Ref. No.69005, ticket no.03, March-12 chit and paid, Rs.12,500=00 per month for a chit amount of Rs.5,00,000=00 and the said chit completed on 18-6-2015, in turn the OPs have paid chit amount of Rs.4,75,000=00 after deducting 5% foreman commission on the chit value of Rs.5,00,000=00 on 23-7-2015 and the complainant had also executed cash voucher dated 23-7-2015 in favour of OPs.

Further the OPs submitted that, the complainant was also a subscriber to a chit group Ref.No.63006, ticket No.08, Dec.13 chit and paid Rs.7,500=00 per month on 30-1-2014 for a chit amount of Rs.3,00,000=00 and paid 22 installments out of 40 installments amounting to Rs.1,27,500=00. But before completion of the chit period, due to personal inconvenience, the complainant had requested the OPs to refund the subscribe amount of Rs.1,27,500=00, for which the OPs have considered the request of the complainant and settled the premature chit amount to the complainant for an amount of Rs.1,12,500=00 by deducting 5% foreman commission on the chit value of Rs.3,00,000=00. The complainant had executed cash voucher for an amount of Rs.1,12,500=00 on 19-9-2015  in favour of OPs.

Further the OPs submitted that, the complainant was a subscriber in group Ref. No.88001, ticket no.05, Jan.13 chit and paid Rs.20,000=00 per month on 19-3-2013 for a chit amount of Rs.10,00,000=00 and paid 33 installments out of 50 installments amounting to Rs.4,43,000=00. But before completion of this chit group Ref. No.88001, due to personal inconvenience, the complainant had requested the OPs to refund the subscribe amount of Rs.4,43,000=00 for which the OPs have considered the request of the complainant and settled the premature chit amount to the complainant for an amount of Rs.3,93,000=00 by deducting 5% foreman commission on the chit value of Rs.10,00,000=00 and the complainant had executed cash voucher for an amount of Rs.3,93,000=00 on 15-10-2015 in favour of the OPs.

Further, the OPs submitted that, at the time of receiving the above said amount by the complainant, she had objected the deduction of 5% foremen commission on the chit value as such she has developed hostile attitude against the OPs and mis-utilized the financial condition of the OPs, as the chit bidders are not paying the monthly instalment to the OP and there is critical financial condition of the OP. The business relationship between the OPs is not in good terms and other OPs are not supporting the 5^th OP. Hence, the complainant is very well aware about the bad condition of the 1^st OP and by keeping these background and also with intent to give trouble and get unlawful gain, the complainant has filed this false, frivolous and vexatious complaint against the OPs. Hence it is prayed to dismiss the complaint with cost.

5. In the course of enquiry into the complaint, the complainant and OPs have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainant has produced documents, which were marked as Ex-C1 to C15.  The 5^th OP has produced three documents which were marked as Ex-R1 to R3. We have heard the arguments of both parties and perused the documents produced by both parties and posted the case for order.

6. Based on the above materials, the following points will arise for our consideration.

1. Whether there is deficiency in service on the part of the OP No.1 to 6 as alleged by the complainant?
2. What Order?  

7. Our findings on the above points are;

          Point no.1: In the Negative

          Point no.2: As per the final order below.

REASONS

          8. On perusal of the pleadings and evidence, it is an undisputed fact that, the complainant had subscribed three monthly chit fund amount of Rs.5,00,000=00, Rs.10,00,000=00 and Rs.3,00,000=00, Group Ref. No.69005, 88001 and 63006, Ticket No.03, 05 and 08 commencing from March-2012, Jan.2013 and Dec.2013 for the monthly subscription of Rs.12,500=00, Rs.20,000=00 and Rs.7,500=00 per month respectively.

          9. The contention of the complainant is that, after closing the said chit fund, the OPs did not pay the chit fund amount, in spite of several requests. Further, the OPs have neither replied the legal notice nor repaid the chit amount of Rs.5,00,000=00, Rs.4,43,000=00 and Rs.1,27,500=00 in total amount of Rs.10,70,500=00.

          10. Per-contra, the 5^th OP submitted that, the OPs have paid the amount of Rs.4,75,000=00 by cash after deducting 5% foreman commission on the chit group Ref.No.69005, Ticket No.3, value of Rs.5,00,000=00 by executing cash voucher dated 23-7-2015. With regard to chit Ref. No.88001, Ticket No.5, value of Rs.3,00,000=00, the OPs have settled the premature chit amount of Rs.1,27,500=00 by deducting 5% foreman commission on 19-9-2015. Further, with regard to chit Ref. No.63006, Ticket No.8, value of Rs.10,00,000=00 the OPs have settled the premature chit amount of Rs.3,93,000=00 by deducting 5% foreman commission on 15-10-2015. The OP further submitted that the complainant has signed the payment voucher while receiving cash on different dates. To substantiate his contention, the 5^th OP has produced payment vouchers dated 23-7-2015, 19-9-2015 and 15-10-2015 and marked the documents as Ex-R1 and R3.

          11. Admittedly, there is a serious dispute with regard to the payment of money alleged by the complainant which has been rebutted by the OPs. The complainant submitted in the pleadings as well as affidavit evidence that, the OPs have not paid the chit amount of Rs.5,00,000=00, Rs.4,43,000=00 and Rs.1,27,500=00 to the complainant. However, the OPs submitted that, they have paid the chit amount of Rs.4,75,000=00, Rs.1,12,500=00 and Rs.3,93,000=00 by deducting 5% foreman commission and the complainant had signed the payment voucher and received the chit amount from the OPs. Therefore there are serious disputes of facts alleged by the respective parties. Under the facts and circumstances of the case, this forum does not have power to adjudicate the disputed facts. Therefore, we feel it proper to reject the complaint filed by the complainant by giving liberty to the complainant to approach the appropriate forum/authority. Accordingly, we answer the point no.1 in the negative. In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

          The complaint filed by the complainant is hereby disposed off. No cost.

          The complainant is at liberty to approach the appropriate forum/authority to redress her grievance.

          Supply free copy of this order to both parties. 

          (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 23^rd day of August 2017).

LADY MEMBER                                                   PRESIDENT