BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No.592 OF 2022 AGAINST ORDERS IN C.C.56/2021 DISTRICT CONSUMER COMMISSION, WARANGAL Between:

The Foreman, M/s Akshara Chit Fund Private Limited, Kazipet Branch Office, at H.No.27-7-244/6, First Floor, Fathima Complex, Kazipet, Warangal Urban District-TS., Rep. by its Zonal Legal Officer, Authorized Signatory, Sri Nagavelli Praveen, S/o Sri N.Venkataiah, Age about 36 years, R/o Warangal.

………..Appellant/ Opposite Party And:

Smt. Ramreddy Sujatha Reddy, W/o Sri Sanjeeva Reddy, Aged about 52 years, Occ.: Household, R/o Q.No.B8/123 (PTS) PO: NTPC, Jyothi Nagar, MD Ramagundem, Peddapally District, Presently residing at H.No.35-6-725/507, Sri Homes Apartments, Amaravathi Nagar, 100 feet Road, Hanamkonda, Warangal.

………Respondent/Complainant Counsel for the Appellant/Opposite Party : M/s N.Amarnath Counsel for the Respondent/Complainant : M/s Vijender Reddy QUORUM :

HON’BLE SMT. MEENA RAMANATHAN, MEMBER (NON-JUDICIAL)

&

HON’BLE SRI. K.RANGA RAO, MEMBER – JUDICIAL WEDNESDAY, THE 2 1st DAY OF JANUARY TWO THOUSAND TWENTY SIX **********

Order : PER HON’BLE SRI. K.RANGA RAO, MEMBER – JUDICIAL

1. The appeal is filed by the Appellant/Opposite Party u/s 41 of the Consumer Protection Act, 2019, against the order passed by the District Consumer Commission, Warangal, dated 31.05.2022 in CC No.56/2021, with a prayer to set aside the said order and consequently dismiss the complaint.

2. For the sake of convenient discussion, the parties are referred to as arrayed in the complaint. The Respondent was the complainant and the appellant herein was the opposite party in the said CC 56/2021.

3. The factual matrix of the complaint is that the complainant had joined as a Member in the opposite party Chit Fund Company vide Chit No. AKZT02S-30 and the chit value is Rs.25,00,000/- payable in 50 monthly installments @ Rs.50,000/- per month. The complainant submits that she had paid 38 installments to the opposite party and participated in the auction conducted on 24.08.2019 conducted by the opposite party and became the successful bidder by foregoing an amount of Rs.4,50,000/-. The opposite party requested the complainant to furnish the sureties, but the complainant instructed the opposite party to deduct the future installments and to pay the remaining prized amount. Having satisfied with the same, the opposite party obtained the signatures of the complainant on several blank printed papers. The complainant also submits that she also joined in another chit i.e. Chit AKZTO9M-11 and the said chit value is Rs.10,00,000/-. The opposite party also not paid the prized amount of the said chit.

4. The husband of the complainant by name R.Sanjeeva Reddy, approached the opposite party for payment of the prize amount, but the opposite party used to dogged the same with one or the other pretext. On 22.02.2021 the opposite party transferred an amount of Rs.1,00,000/- to the complainant through online but failed to pay the remaining amount till date and the same shows that the opposite party intentionally avoiding to pay the prized amount of the chit. The said attitude of the opposite party amounts to deficiency of service. Due to non-payment of the prized amount of the chit of the complainant suffered physically and mentally for which she is claiming Rs.5,00,000/- towards damages.

5. Vexed with the said conduct of the opposite party, the complainant got issued legal notice on 10.04.2021 to the opposite party and the opposite party despite receiving the same did not respond till date. Therefore, the complainant was constrained to file the present complaint seeking the reliefs mentioned therein.

6. The opposite party filed written version contending that the complainant approached this District Commission with unclean hands by suppressing the real facts and by mis-using the process of law. The opposite party submits that there is an Act provided for the disputes arise out of the Chit Fund Act, i.e. the Dep