BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No.593 OF 2022 AGAINST ORDERS IN C.C.29/2022 DISTRICT CONSUMER COMMISSION, WARANGAL Between:

The Foreman, M/s Akshara Chit Fund Private Limited, Kazipet Branch Office, at H.No.24-7-244/6, 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 1^st 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.29/2022 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 29/2022.

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. AKZT09M-11 and the chit value is Rs.10,00,000/- payable in 50 monthly installments @ Rs.20,000/- per month. The complainant submits that she had paid 31 installments to the opposite party and participated in the auction conducted on 24.12.2019 and became the successful bidder by foregoing an amount of Rs.1,10,000/-. The opposite party requested the complainant to furnish the sureties, but the complainant requested the opposite party to deduct the future installments and to pay the balance prized amount. On the said request, the opposite party Chit Fund Company having satisfied about the same obtained the signatures of the complainant on several blank printed papers. Inspite of several requests made by the complainant and her husband by name R.Sanjeeva Reddy, the opposite party had not paid prized amount and made by them to run around Zonal and Regional Officers. The opposite party is liable to pay Rs.8,90,000/- to the complainant but not paid the same, due to which the complainant being an old lady was subjected to physical and mental sufferance, due to which she also fell ill. Vexed with the conduct of the opposite party, the complainant got issued legal notice on 10.04.2021 and the opposite party received the same but did not respond till date. Therefore, the complainant was constrained to file the present complaint seeking reliefs mentioned therein.

4. 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. However, the opposite party admitted that the complainant joined in the Chit Group No. AKZT09M-11 which was commenced on 30.6.2017 and the same will be terminated by April 2021 and the value of the said chit is Rs.10,00,000/- payable in 50 monthly installments at Rs.20,000/- per month. The opposite party denied the factum of the complainant participated in the auction and became the successful bidder on 24.12.2019 by agreeing to forego an amount of Rs.1,10,000/-. The opposite party denied the allegations of obtaining the signatures of the complainant on blank papers. In fact, the complainant committed default from Decem