BEFORE THE DISTRICT CONSUMER
WARANGAL
Present: Sri President
Sri Member
AND
Member
Thursday the 31st July, 2008.
CONSUMER DISPUTE NO. 29/2006
Between:
Kuchana D/o. Age: 26 yrs., R/o.H.No.11-22-529,
Tilak Road,
Kashibugga,
Warangal District.
… Complainant
A N D
1. M/
S/
Age: 38 years, R/o.H.No.8-11-50,
II Floor, Pinnavari Street,
2. M/
H.No.8-11-50,
Second Floor,
Pinnavari Street,
… Opposite Parties
Counsel for the Complainant :: Sri.
Counsel for the Opposite Party :: Sri.
Counsel for the Opposite Party ::
Did not appear and has been
This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.
ORDER
Sri D.
This is a complaint filed by the complainant i.e.
The brief averments contained in the complaint filed by the complainant are as follows:
The case of the complainant is that the complainant joined as member in the two chits run by the opposite parties for the chit value of Rs.1,00,000/- each payable in 1000 days i.e. Rs.100/- per day. The said chit was ended with ending of May, 2003. Thus, the complainant is entitled for Rs.1 But the opposite parties have failed to pay the chit amount immediately after completion of the chit period. Accordingly, the complainant through her father made several remands for the payment of said At last, the opposite party has issued two account payee Accordingly, the complainant presented for collection into State Bank of India, Warangal on 19-09-2003 but to her utter surprise, aforesaid both cheques were dis-honoured with a cheque return memo stating “INSUFFICIENT OF FUNDS” in the account of opposite party by name Thereafter he got issued legal notice on 03-10-2003 to the opposite party demanding amount under the said cheques, granting stipulated period under the Act, the same was served on the opposite party. After receiving notice, issuing the reply, the opposite party approached the complainant and her father demanding and requested not to approach any court, there after the complainant filed this complaint before this Forum.
The opposite party No.1 filed his written version contending in brief as follows:-
The case of the opposite party is that the opposite party No.1 who is the Managing Director as the signatory is ceased to be a partner with effect from 22-08-2003 and since then the signatory no way concerned with the affairs of the company and same is continuing business by Sri The opposite party denied that the complainant is not a subscriber of the two chits value of Rs.1 The main contention of the opposite party is that since his partnership has ceased in the M/ Since his name was ceased from the opposite parties he is not liable to pay any cash of Rs.1,00,000/- to the complainant and further his contention is that his Partnership was ceased on 22-08-2003 the assets and liabilities with the company of him were transferred on the other partners and those are still continuing the said company by reconstituting said partnership and if any liabilities after reconstituting devolved on the present partners only but not on ceased partners and the present partners have to be made as the parties to the complaint as they are necessary parties as the assets and liabilities are devolved on them since the date the signatory ceased to be a partner and the opposite party not represented by the signatory as he is ceased to be a partner and he is not at all liable and he requested to this Forum to dismiss the case.
03. Hence, this Forum set it
04. The complainant in support of his claim filed his Affidavit in the form of chief examination and marked Exs.A-01 to A-09. On behalf of opposite party No.1 Sri
05. Now the point for consideration is:
1. Whether there is any deficiency of service on the part of the Opposite
2. To what
After arguments of the both side counsels our reasons are like this.
Point No.1:
After gone through the Affidavits filed by the complainant as well as opposite party and also documents filed by the complainant as well as opposite parties we opine that the opposite parties 1 & 2 are liable to pay an amount of Rs.93,000/- of one chit No.185 and Rs.93,000/- of another chit No.830 alongwith interest as per Ex.A-1 & A-2 those are the cheques issued by His contention is that as per Exs.B-1 and B-2 i.e. his Partnership has ceased as a partner with the M/ For this our answer is that the chits of the complainant was closed on May, 2003 and further Exs.A-1 & A-2 signatures, Written Version and A-2, when the opposite party No.1 he himself has issued the Exs.A-1 & A-2 certainly he is liable to pay the cheques amount to complainant. It is true that as per Ex.B-1 & B-2 the Partnership of the opposite party No.1 was ceased on 22-08-2003 even though the Partnership was ceased he was a partner prior to that itself. During the entire chit transaction the opposite party No.1 remained as Managing Partner and further Exs.A-1 & A-2 the opposite party No.1 he himself intentionally issued cheques while he intentionally issued cheques for an amount i.e. Rs.93,000/- + Rs.93,000/- along with interest not only opposite party No.1 but also opposite party No.2 being the company is also liable to pay the chits amount to the complainant, because the opposite party No.2 is also being the company along with opposite party No.1.
It is an admitted fact that as per the version of complainant as well as opposite party that the complainant is a subscriber of the chit in opposite parties when it is admitted certainly the opposite parties 1 & 2 are liable to pay the chit amounts along with interest. From Exs.A-8 & A-9 it is clearly goes to show that the complainant is the subscriber of the M/ amount from the opposite parties, we already stated supra with regard to the Exs.A-1 & A-2 by way of saying that the opposite party No.1 he himself cheques, so the opposite parties liable to pay the chit amount of Rs.93,000/- + Rs.93,000/- along with interest, hence we answered this point accordingly in
Point No.2 What Relief-
The first point is decided in
In the result, this complaint is allowed to direct the opposite parties to pay an amount of Rs.93 We are not awarding any damages.
A month’s time is granted to the opposite parties for the compliance of the order.
(Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum today, the 31st July, 2008) .
Member Member President,
District Consumer Forum, Warangal.
APPENDIX OF EVIDNECE
WITNESSES EXAMINED
ON BEHALF OF Affidavit of Complainant Affidavit of Opposite Party
EXHIBITS MARKED
ON BEHALF OF COMPLAINANT
[
01. Ex.A-1 is the Original Demand Draft for Rs.9317-09-03.
02. Ex.A-2 is the Original Demand Draft for Rs.9319-09-03.
03. Ex.A-3 is the Memorandum of State Bank of Hyderabad, 19-09-2003 Insufficient Funds.
04. Ex.A-4 is the -- do --
05. Ex.A-5 is the Legal Notice, dated 03-10-2003.
06. Ex.A-6 is the Courier Receipt No.421949, 04-10-2008
07. Ex.A-7 is the Legal Notice, dated 11-10-2003.
08. Ex.A-8 is the 09. Ex.A-9 is the ON BEHALF OF Opposite partIES
01. Ex.B-1 is the Xerox copy of Register of Firms with name of the firm M/17-01-1997.
02. Ex.B-2 is the Partnership Deed, dated 19-06-2004.
(1) Now the point for consideration and whether there is any deficiency of service on the part of the opposite parties 1 & 2, if so whether the complainant is entitled to get an amount of Rs.93
(2) What Relief:-
