THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI PRESIDENT BEFORE : Hon’ble Thiru Justice R. SUBBIAH F.A.NO.1062/2025 (Against order in CC.NO.31/2025 on the file of the DCDRC, Ariyalur)

DATED THIS THE 19^th DAY OF FEBRUARY 2026 The Branch Manager M/s. Sree Gokulam Chit and Finance Finance Company Private Limited

9U, Kasthuri Complex, Sanathi Street, M/s. L. Rajasekar Jayankondam, Udayarpalayam Taluk Counsel for Ariyalur District Appellant /Opposite party Vs.

Sivasubramaniyam S/o. Rajendran Door No.1/140A, Mela Street Idaikattu Village Guruvallapparkoil Post M/s. S.N. Ravichandran Udyarpalayam Taluk Counsel for Ariyalur District Respondent/Complainant The Respondent as complainant filed a complaint before the District Commission against the opposite party praying for certain direction. The District Commission has partly allowed the complaint. Against the said exparte order, this appeal is preferred by the opposite party praying to set aside the order of the District Commission dt.20.8.2025 in CC.No.31/2025.

This appeal is placed before me for hearing finally today. Upon hearing the arguments of the counsel appearing for bothsides, and upon perusing the documents, lower court records, and the order passed by the District Commission, this commission made the following order in the open court:

ORDER

JUSTICE R. SUBBIAH , PRESIDENT (Open court

1. The opposite party before the District Commission is the appellant herein.

2. The case of the complainant before the District Commission is that the complainant had joined in the chit scheme with the opposite party chit company on 30.3.2021 for the chit value of Rs.2,00,000/-. While joining in the chit scheme, the opposite party had collected the copy of aadhar card, pan card and copy of other documents, alongwith one signed blank cheque leaf. Whileso, the complainant had participated in the bid conducted by the opposite party on 10.9.2021 and had received the bid amount of Rs.1,48,800/- by way of cheque dt.10.9.2021, and the complainant had also withdrawn the said amount. The complainant had remitted 35 instalments amounting to Rs.1,84,100/- and the dividend amount he received at Rs.15,900/-. Thereby the complainant is satisfied with the chit amount of Rs.2,00,000/-. Being so, the opposite party had issued a legal notice to the complainant by stating that there was a due amount to be paid by the complainant, and for collection of the due amount, the cheque given by the complainant was deposited in the bank, but the cheque issued by the complainant was dishonoured for insufficient funds. Inspite the paying the entire chit amount, and bid had also claimed, the opposite party had unauthorisedly without any intimation, had deposited the cheque which was given as security while joining the chit, with ill motive of grabbing money from the complainant. Therefore, alleging deficiency in service on the part of the opposite party, the complainant had filed a complaint before the District Commission, praying for a direction to the opposite party to return the cheque leaf given as security to the complainant and to issue NOC alongwith compensation of Rs.5,00,000/-

3. The Appellant/ opposite party, inspite of service of notice, had failed to appear before the District Commission, hence an exparte order was passed in favour of the Respondent/ complainant, by holding that there is deficiency in service on the part of the opposite party and has directed the opposite party to return the cheque leaf collected from the complainant within one month from the date of the order failing which to pay a sum of Rs.500/- per day as fine amount till date of return of the cheque, and to issue No Due Certificate within one month, failing which to pay a sum of Rs.500/- per day as fine amount till date of issuance of NOC, and to pay a sum of Rs.30,000/- towards compensation alongwith cost of Rs.5000/-. Aggrieved over the order impugned, the opposite party has filed the present appeal, praying to set aside the order pass