Mr. Justice S.A. Kader, President—This is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

2. The complainant subscribed the chit in Group No. SC-20 conducted by the opposite party. He took it in auction on 28.4.92 at the 23rd auction for Rs. 2,36,000/- The opposite party has not paid the amount. Hence this complaint.

3. The contention of the opposite party is that the complainant did not submit proper sureties for due payment of the subsequent calls. It is also alleged that the complainant stood as surety to another subscriber and a large sum was due on that amount.

4. Exh. Al to A5 and B1 to B6 are marked by consent. Proof affidavits are filed. No oral evidence has been let in.

5. It is not in dispute that the complainant has subscribed it the chit in Group No. SC-20 conducted by the opposite party. The total chit amount is Rs. 3 lakhs payable in 30 monthly instalments of Rs. 10,000/- each. The complainant was the successful bidder in the 23rd auction held on 28.4.92 for Rs. 2,36,000/-. As per the chit rules, the prize amount is payable within one month from the date of the auction on the successful bidder executing the promissory note and offeri