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BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL
COMMISsION:HYDERABAD
FA NO.72/2019 AGAINST ORDER:IN CC No.16/2014 ON THE
FILE OF DISTRICT FORUM, RANGA REDDY.
Between
Dandu Krishna Murthy Raju,
S/o.D.Venkata Raju, Aged about 70 years,
R/o.8-3-167/30, Plat # 201, Erragadda,
Hyderabad - 18.
.Appellant/
Complainant
And
The Branch Manager,
Kapil Chit Funds Pvt. Ltd.,
Located at Alwal,
Hyderabad
.Respondent/
Opposite party
Counsel for the Appellant
Party in Person
Counsel for the Respondent
Mr.K.Vijayender Reddy
CORAM
Hon'ble Sri Justice M.S.K. Jaiswal, President.
And
Hon'ble Smt. Meena Ramanathan, Lady Member
FRIDAY, THE TENTH DAY OF DECEMBER,
TWO THOUSAND TWENTY ONE
Order:
This is an appeal
filed by the appellant/complainant u/s. 15 of
Consumer Protection Act,1986 against the order dt.27.11.2018
of the Dist.
Consumer Forum, Rangareddy
made in C.C.No.16/2014.
The appellant is the complainant and respondent is the opposite
party in C.C.No.16/2014.
2. For the sake of convenience, the parties are described as arrayed in
the complaint.
3. The brief facts of the case as set out in the complaint are as follows:
The Complainant joined as a member in 2 vacant chits of opposite party
chit fund company
i.e. FAT
04J-13
8& FAT -
04J-40
on 17.4.2010
respectively.
The opposite party collected Rs.5,077/-
and Rs.4,847/
towards vacant charges
for the said chits, without the consent of the
complainant.
Hence the complainant issued
notice
dt.19.9.2013 to the
opposite party, for which no response was given. Alleging deficiency in serviCe
on the part of the opposite party,
the complainant approached the District
Forum to direct the opposite party to pay the vacant charges of Rs.9,924/
wth 18% interest , to pay compensation of Rs.30,000/- and to pay Rs.5000/
towards costs.
4. The opposite party filed written version denying the allegations made in
the complaint and contending that as per the Clause 64 of the amended Chit
Fund Act, the dispute relating to the chit business shall be referred by any of
the parties to the dispute, to the Registrar for Arbitration whose decision shall
be final and no Forum, Authority or Civil Court are having any jurisdiction to
decide the cases. The opposite party submits that if the chit subscriber opts
to join at a later
stage by making part payment/ full payment of the
instalments at a time in such an event the opposite party gives a benefit of
allowing the dividend accrued on the completed instalments as on the date of
joining the chit and collect 10% towards vacant charges on the quantum of
dividend allowed to the subscribers
i.e. the late joining subscribers will get
benefit 90% of the quantum of dividend.
The opposite party submits that
they have collected only
a
meagre amount of Rs.9,924/- towards vacant
charges and
the complainant benefitted an amount of Rs.96,636/- towards
the dividend.
The opposite party further submits that the complaint is liable to be
dismissed
on the ground of limitation
as the complainant joined into the
alleged chits in the year
2010 and the present complaint
is filed in
January,2014
i.e after 4 years of the cause of action.
The opposite party
finally submits that there is no deficiency in service and prayed to dismiss the
complaint.
5. Before the District Forum the complainant filed his evidence affidavit and
Exs.A1 to A6 are marked on his behalf.
Evidence affidavits of Mr.M.Vinay
and Mr.T.Shekar Zonal Legal Officer of opposite party
Sagar Reddy-ADM
Chit Fund Co. as RWs.1 & 2 filed.
Ex.B1 and B2 are marked on behalf of
the opposite party.
6. The District Forum after hearing both sides and perusing the material on
record, dismissed the complaint without costs.
Aggrieved by the
dismissal order of the District Porum, the
7. appellant/complainant preferred this appeal with the following grounds:
The
respondent/opposite
party company
has
neglected the law and is illegally collecting in the
