SHRIRAM CHITS (KARNATAKA) PVT. LTD. Vs. MANJULA

JUDGEMENT

(1.) Challenge in the present Revision Petition filed by Shriram Chits (Karnataka) Pvt. Ltd., (hereinafter referred to as the Petitioner Chit Company) under Sec. 21(b) of the Consumer Protection Act, 1986 (in short 'the Act'), is to the Order dtd. 29/1/2020 in Appeal No. A / 247 / 2014 passed by the Karanataka State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission) whereby the State Commission has affirmed the findings recorded by the District Consumer Disputes Redressal Forum, Tumkur (hereinafter referred to as 'District Forum') holding deficiency in service on the part of the Petitioner Chit Company.

(2.) Briefly stated the facts of the case are that the Respondent/Complainant was a subscriber of a Chit Group No. TKT/67003/16 for Chit Value of ?5,00,000Z- being run by the Petitioner Chit Company. The Chit period was from 23/5/2009 to 7/5/2013 for a monthly chit installment of ?12,500Z-. The Respondent / Complainant was paying monthly chit installment regularly. After completion of the chit period and paying monthly chit installment regularly without any default, when the Respondent / Complainant claimed the chit amount of ?5,00,000Z- from the Petitioner Chit Company, it started to dodge the matter on one pretext or the other. A legal notice was served on the Petitioner Chit Company on 25/9/2013 but the Petitioner Chit Company did not respond it. Being aggrieved, alleging deficiency in service on the part of the Petitioner/Opposite Party Chit Company, the Respondent/Complainant filed Consumer Complaint before the District Forum seeking direction to Petitioner Chit Company to pay the chit amount of ?5,00,000Z-alongwith interest @18% p.a. w.e.f. 6/5/2013 till realistation together with damages of ?25,000Z-alongwith interest @18% p.a.

(3.) The matter was contested by the Petitioner/Opposite Party Chit Company before the District Forum. It was contended that the Complainant has not approached this Forum with clean hands and that the Complainant was holder of chit in the name of Manjula under ticket No.16 of Chit Group bearing No. 76003 collected by Opposite Party Chit Company for a period of 50 months with monthly subscription of ?10,000Z-. The Complainant was a chronic defaulter in payment of monthly subscription despite issuance of notice in this regard, there was continuous default on the part of the Complainant and ultimately in compliance of final notice dated August 2012, the Complainant was terminated from the Chit Group w.e.f. 7/5/2013. The Complainant has paid only 28 installments totaling ?2,21,660Z- and that in the meanwhile the Complainant with the connivance of the erstwhile employee of the Opposite Party Chit Company has changed her name as Manjula D.T to the same Group No.67003 floated by the OP though there was a subscriber already of the same name and make regular payment of her subscription and that on asking the Complainant for clarifying the matter in the month of July 2013 that D.T. Manjula sworn to an affidavit stating that payment of the amount payable to the Complainant be made either in the name of B. Manjula or in the name of D.T. Manjula and accordingly a cheque for ?1,96,660/- payable to the Complainant was sent to her which has been refused by the Complainant. It was submitted that there was no deficiency in service on its part and prayed that the Complaint be dismissed.