The burden of proof lies upon the complainant to establish their case through credible evidence; allegations of fraud or deficiency in service, unsupported by documentary proof or testimony, cannot be sustained, and appellate courts will not interfere with findings of fact absent clear perversity or legal error.

Date of Institution : 31.07.2013

Date of Reserving the order : 05.12.2025

Date of Decision : 22.04.2026

IN THE MATTER OF

MR. N.K. GUPTA,

S/O MR. R.P. GUPTA,

R/O DHANNU MANDI,

JHAJJAR ROAD, ROHTAK,

HARYANA.

…APPELLANT

(Through: Mr. Vikas Deep &

Mr. Sanjeev Kumar, Advocates

Mob.9868738523)

VERSUS

1. MR. ANAND SARNA,

EX-DIRECTOR OF M/S SHEENU CHITS PVT. LTD.

FLAT NO.G-1, PLOT NO.781, SAHIBABAD,

GHAZIABAD, (U.P)

……RESPONDENT NO.1

(Through: Mr. Sumit Sarna, Ms. Mamta Chandel,

Ms. Priyanka Ranjan and

Mr. Rovin Chaudhary, Advocates

Mob.9650941688, 9213356300

Email: advocateandsolicitors@gmail.com)

2. MRS. VIJAY KUMAR NAGPAL,

DIRECTOR

WIFE OF LATE MR. VIJAY KUMAR NAGPAL

R/O FLAT NO.284, POCKET-1,

JANTA FLAT, PASCHIM PURI,

NEW DELHI-110063

3. MR. RAJESH KUMAR,

DIRECTOR,

S/O MR. SATYA NARAIN,

R/O YP-15A, PITAMPURA,

NEW DELHI-110034

4. M/S SHEENU CHITS PVT. LTD.

WZ-412, VILLAGE MADIPUR,

NEW DELHI-110063

……RESPONDENT NO.2, 3 & 4

(Through: Mr. Ashish Singh, Advocate

Mob:9560706262)

CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL PRESIDENT

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present : Counsel for the appellant.

None for the respondents.

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

JUDGMENT

1. By this judgment, we shall dispose of the appeal filed by the Appellant against the impugned order dated 21.05.2013, passed by Consumer Disputes Redressal Forum-III, (West District), 150-151, Community Centre, C-Block, Janakpuri, Delhi-110058 (hereinafter referred to as District Forum), in Complaint Case no. CC 925/2003 titled as N.K. Gupta vs. Anand Sarna & Ors. inter-alia praying for setting aside the order passed by the District Forum.

2. While the Appellant was Complainant before the District Forum and the Respondents were Opposite Parties before the District Forum.

3. The facts of the case as per the District Forum, record are as under:

“Initially this complaint was filed against one of the respondents Shri Anand Sarna, one of the Directors of the Sheenu Chits Pvt. Ltd. The complaint was dismissed at admission stage itself. Complainant preferred an appeal in the State Consumer Disputes Redressal Commission wherein the appeal was allowed and the complaint was remanded back to consumer forum for trial. Thereafter, on application moved by the complainant other directors as well as M/s. Sheenu Chits Pvt. Ltd. were added as co-respondents.

Brief facts as disclosed in the complainant are that complainant was a member in Chit No. S-11 floated by the respondent which was for 25 months having 25 members and the total chit value was Rs.1,00,000/-. The chit was floated in July 2001 and matured in July 2003. On maturity complainant demanded the money from respondent who promised to pay it on 31.8.03 and on 31.8.03 he postponed the payment on 30.9.09. the complainant become suspicious when he asked for payment of interest on this amount w.e.f. 1.8.03 respondent threatened him that his son was working with a BJP leader Alok Kumar, Advocate complainant was at liberty to take any action against him. Later on complainant came to know that respondent no.1 had withdrawn the sum of Rs.99,000/- on 2.8.03 on the basis of bearer cheque no.8476 from Indraprastha Sehkari Bank Limited, B-2 Madi pur, Paschim Vihar in the name of the complainant. This account was being operated by him alone. He misappropriated this amount for his own use. The cheque was never handed over to him and this amount was also never paid to him. The complainant also came to know that respondent had floated chit fund in the past also like Yogmaya Chit Fund