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S. M. SUBRAMANIAM
K. Ravi @ Madasamy – Appellant
Versus
Secretary to the Government, Commercial Taxes and Registration Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of certiorari, to call for the records of award passed in A.R.C.No.10 of 2010 dated 18.10.2010 on the file of the 2nd respondent which was confirmed in G.O.(D) 530, Commercial Taxes and Registration (G) Department dated 03.12.2012 on the file of the 1st respondent and quash the same.)
1. The writ petitioner has been filed challenging the award passed in A.R.C.No.10 of 2010 dated 18.10.2010 and the order passed by the 1st respondent confirming the award in G.O.(D).No.530, Commercial Taxes and Registration (G) Department dated 03.12.2012.
2. The petitioner subscribed chits with the 3rd respondent vide Chit Group No.05001, ticket No.14. The total value of the chit amount was Rs.50,00,0000/-. The monthly subscription was Rs.1,25,000/- for 40 months. The chit commenced on 31.07.2007. The petitioner participated in the auction conducted on 16.03.2009, the 20th instalment. He was the successful bidder for Rs.39,40,000/-.
3. The petitioner committed default in repayment of the chit amount and the 3rd respondent Chit Fund Company initiated Arbitration proceedings. An award was passed on 1
Unexplained delay in filing appeal can lead to rejection, and abuse of judicial process by committing a default cannot be encouraged.
The court emphasized the importance of providing a valid reason for condoning a delay in filing an appeal and highlighted that leniency may not be shown if the conditions are not met.
Consumer forums have jurisdiction in disputes involving chit fund operators, and failure to fulfill obligations pertains to deficiency of service under the Consumer Protection Act, 2019.
The execution of an arbitration award under the Chit Fund Act, 1982, relative to a commercial dispute, must follow the procedural requirement of the Registrar forwarding the award to the jurisdiction....
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