VASUNDARA ENTERPRISES Vs. KATTI SIVA KUMARI

JUDGEMENT

(1.) It is not in dispute that the complainant in OP 431/1995 District Forum, Guntur joined as a member of scheme run by the opposite party i. e. M/s. Vasundara Enterprises having its head office at Guntur and two branches at Chilakaluripet and Narsaraopet. The membership was given to the complainant in the place of one P. Venkateswarlu who discontinued his membership after paying 1 or 2 instalments. According to the agreement of partnership between the main office and two branches which were being managed by two agents, the duty of the branches is to enlist members for the chit transaction collect the monthly instalments and inform the head office at Guntur. The agents managing the branches will take monthly remuneration for the work done by them and also a share in the profits. The draw for the distribution of the prizes will be held by rotation i. e. first time at the branch of Narsaraopet and on the second occasion at the branch of Chilakaluripet and on the third occasion at the branch of Headquarters at Guntur. According to the complainant at the time when he joined as a substituted member, the agent of the branch at Chilakaluripet informed him that the previous dues of monthly instalments of Venkateswarlu could be paid in small amounts whenever it is possible and he has to continue the payment of monthly instalments thereafter. Therefore, the complainant paid at Chilakaluripet branch the amount of 6th and 7th instalments, even though he joined as a member at the stage of 8th instalment and the Branch Manager of Chilakaluripet issued a receipt for 6th and 7th instalments. The complainant's number was included in the draw and he became the winner in the draw held at Guntur on 15.11.1993 and the same was intimated to the complainant as well as to all other members by printed post card as evidenced by Ex. A-2. But the complainant was not given the colour Television. He, therefore, filed the above complaint for delivery of the prize article i. e. colour TV and other reliefs.

(2.) The opposite party i. e. main office at Guntur filed a counter stating that according to the partnership agreement the complaint is bad as the branch office at Chilakaluripet was not made a party and that the branch office at Chilakaluripet informed the main office at Guntur that the complainant has not paid all the instalments, although he had not paid all the earlier instalments, due and payable by Venkateswarlu, but paid only 6th and 7th instalments and that, therefore, the complainant is not entitled for any prize article and the complaint is liable to be dismissed.

(3.) In view of the fact that the complainant became a member and was included in the draw to be held on 15.11.1993 and won the prize, the controversy was that at the time of admission as a member the agent of Chilakaluripet informed the complainant that he could pay earlier instalments due as per his convenience and that the agent collected the 6th and 7th monthly instalments and whether the complainant is entitled for the prize article.