R.N. Mittal, President• Briefly the facts are that respondent No. 1(hereinafter referred to as the company) is carrying on the business of Chit Fund and respondent No. 2 & 3 are its Directors. The complainant got himself enrolled for the following chits: -

Chit No. Ticket No. Value of the Chit Moth of Amount Payable on

Maturity Maturity

41/14 14 15,000/- April’91 Rs. 14,250/-

41/26 26 15,000/- May’91 Rs. 14,250/-

40/6 6 30,000/- Sept’91 Rs. 27,500/-

38/3 08 18,000/- Sept’91 Rs. 17,100/-

40/11 11 30,000/- Oct’91 Rs. 27,500/-

44/5 05 30,000/- Sept’91 Rs. 26,500/-

44/9 09 30,000/- Oct’91 Rs. 26,500/-

Rs. 1,53,600/-

2. It is alleged that the complainant has been regularly paying the installment. However, at the time of maturity the amounts which were due were not paid to him by the respondent. Consequently he has claimed a total amount of Rs.1,53,600/- on account of the amount of chits as detailed above. He has also claimed Rs.4,800/- as interest on the aforesaid amounts from the dates of maturity of the chits, till the date of filing of the complaint. He further claimed Rs.1,100/- on account of lawyer's fees, for serving notice, postage etc., Rs.30,000/- on account of harassment. Thus he has filed the present complaint for recovery of Rs.1,90,500/- against the respondent.

3. Notice was issued to the respondent for 2.12.1991 for filing the written statement. On 2.12.1991 agent for the respondent appeared and requested for adjournment. Consequently the case was adjourned to 16.12.1991. On that date Sh. Goyal, Advocate for respondent appeared before us and made a request for a short adjournment For the written statement. We adjourned the case to 27.12.1991. On 27.12.1992 Mr. Goyal requested for another adjournment for filing the written statement. His request was accepted subject to payment of Rs. 100/- as costs and the case was adjourned to 10.1.1992. On the adjourned date Mr. Goyal again made a request for adjournment for filing the same. We, however, did not accede to his request on the ground that three adjournments had already been given to the respondent for filing the written statement and that there was no other alternative left but to strike off the defence of the respondent. We consequently struck off the defence of the respondent. The case was adjourned to 20.1.1992 for evidence of the complainant. Thereafter the case was adjourned to various dates for the reasons mentioned in the orders.

4. The complainant filed an affidavit-dated 20.1.1992 in support of his allegations along with various documents to prove his allegations. After filing the affidavit, it is stated by the complainant that he received an amount of Rs.36,011.82 towards the payment of five chits as detailed below:-

Chit No. Date of Payment Amount

38/3 31.1.1992 Rs. 1,910.48

40/6 31.1.1992 Rs. 4,384.60

40/11 31.1.1992 Rs. 4,609.06

44/5 31.1.1992 Rs. 3,928.32

44/9 31.1.1992 Rs. 21,178.32

Total: Rs. 36010.78

Mr. Bhatia was directed to prepare a synopsis in a tabulated form vide our order dated 22.1.1992 which has been filed along with additional affidavit dated 5.2.1992. From the synopsis it is evident that the following amounts are due to him with respect to the chits mentioned against each amount: -

No. Chit No. Amount

1. 41/14 Rs. 14,250/-

2. 41/26 Rs. 14,250/-

3. 38/3 Rs. 17,100/-

4. 40/6 Rs. 27,500/-

5. 40/11 Rs. 27,500/-

6. 44/5 Rs. 26,500/-

7. 44/9 Rs. 26,500/-

Rs. 1,53,600/-

5. In view of the affidavit and the statement of account submitted by the complainant, we hold that an amount of Rs.1,53,600/- is due to the complainant from the respondent regarding the aforementioned chits.

6. The complainant, however, has admitted that he has received Rs. 26,011.32 as per the details given above. After deducting the said amount out of the amount of Rs. 1,53,600/- the balance which is due to him comes to Rs.1,17,588.68. Consequently, we hold that the complainant is entitled to recover this amount from the respondent No.1 Company.

7. It is