RITA ARORA Vs. GURMEET SINGH DIRECTOR

JUDGEMENT

(1.) This order will dispose of complaints No. C-48/90 and C- 136/91. First we shall deal with complaint No. C- 48/1990.1. Briefly, the facts are that M/s. Guliver Chit Fund (P) Ltd. , is carrying on the business of Chit Fund and Sh. Gurmeet Singh, respondent is its Director. The complainant became a member of Group No. GE/01 and was allotted ticket No.13. Under the Scheme she was required to pay monthly instalment of Rs.2,000.00 for a period of 30 months. She paid 27 instalments. Her account, it is alleged, was settled by the Company at Rs.52,950.00 and a cheque dated 11th December, 1990 for that amount drawn on Punjab National Bank, Rajouri Garden was issued in her favour from its account. On presentation the cheque was not honoured by the Bank. Consequently, she has prayed that a decree for recovery of Rs.1,10,000.00 as compensation which includes principal of Rs.52,950.00 be granted against the company.

(2.) The claim is being contested by the respondent. It was pointed out to us by the respondent's counsel that in order to bring the complaint within the jurisdiction of the State Commission, the amount of claim had been intentionally inflated, which should not have been done. In view of the objection of the respondent we directed Mr. Surinder Chugh, counsel for the complainant to file the break-up of the claim. In compliance with out order he filed the break-up of the claim as detailed below :-

(3.) From the facts of the case and break-up given by the complainant, it is evident that the complainant deposited with respondent No.1 Rs.54,000.00 during a period of 27 months and her claim, according to her version, was settled at Rs.52,950.00 by it. However, in the complaint she inflated the said amount to Rs.1,10,500.00by claiming interest at exhorbitant rate and compensation It is to be seen, whether the claimant is entitled to recover this amount into to, even if her version is accepted, or inflated claim has been filed with an intention to bring the claim within the jurisdiction of the Commission.