w w w . L a w y e r S e r v i c e s . i n



M/s. Sri Lakshmi Srinivasa Granites, Rep. by its Managing partner Nakka Chandra Shekar, Warangal v/s M/s Kapil Chits (Kakatiya) Pvt., Ltd., Rep. by its Manager, Warangal District & Others


Company & Directors' Information:- K M L M CHITS INDIA LIMITED [Active] CIN = U65992KL2009PLC024944

Company & Directors' Information:- G T P GRANITES LIMITED [Active] CIN = U14102TZ1990PLC002722

Company & Directors' Information:- P S R GRANITES PRIVATE LIMITED [Active] CIN = U14102TG2007PTC055144

Company & Directors' Information:- G S R GRANITES PRIVATE LIMITED [Active] CIN = U14103UP1995PTC019241

Company & Directors' Information:- P P GRANITES PRIVATE LIMITED [Active] CIN = U14102KA2007PTC043203

Company & Directors' Information:- KAPIL CHITS (KAKATIYA) PRIVATE LIMITED [Active] CIN = U65992TG2008PTC060933

Company & Directors' Information:- D N C CHITS PRIVATE LIMITED [Active] CIN = U65992TZ1997PTC007910

Company & Directors' Information:- B R GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102TG2005PTC047897

Company & Directors' Information:- G K GRANITES LIMITED [Active] CIN = U14102KA1999PLC065823

Company & Directors' Information:- R R K GRANITES LIMITED [Active] CIN = U14102TZ1990PLC002719

Company & Directors' Information:- T N T CHITS PRIVATE LIMITED [Strike Off] CIN = U65992KL2012PTC031876

Company & Directors' Information:- A K J GRANITES PRIVATE LIMITED [Active] CIN = U14102RJ1994PTC008304

Company & Directors' Information:- M B GRANITES PRIVATE LIMITED [Active] CIN = U14102KA1990PTC073799

Company & Directors' Information:- M L GRANITES PRIVATE LIMITED [Active] CIN = U14102KL2008PTC023027

Company & Directors' Information:- G D GRANITES PRIVATE LIMITED [Strike Off] CIN = U14101KA1990PTC011509

Company & Directors' Information:- R R GRANITES PRIVATE LIMITED [Active] CIN = U14102TG1990PTC011209

Company & Directors' Information:- K N L GRANITES PRIVATE LIMITED [Active] CIN = U14102AP2012PTC082961

Company & Directors' Information:- L S P CHITS PRIVATE LIMITED [Strike Off] CIN = U65991TN1996PTC035107

Company & Directors' Information:- S V R GRANITES PVT LTD [Active] CIN = U14102AP1990PTC010843

Company & Directors' Information:- S N K R CHITS PRIVATE LIMITED [Active] CIN = U65992TZ1994PTC004874

Company & Directors' Information:- P M R GRANITES INDIA PRIVATE LIMITED [Active] CIN = U14106KL2011PTC028573

Company & Directors' Information:- N S GRANITES PRIVATE LIMITED [Active] CIN = U14102RJ1994PTC008622

Company & Directors' Information:- A. K. S. D. CHITS PRIVATE LIMITED [Active] CIN = U67110DL2020PTC362512

Company & Directors' Information:- A P GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102TG1995PTC021475

Company & Directors' Information:- SRI ON GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102TN2002PTC049636

Company & Directors' Information:- S V P CHITS PRIVATE LIMITED [Strike Off] CIN = U74899DL1990PTC040715

Company & Directors' Information:- V AND S CHITS PRIVATE LIMITED [Active] CIN = U93000DL2012PTC240753

Company & Directors' Information:- D T GRANITES PRIVATE LIMITED [Strike Off] CIN = U14200AP2015PTC097227

Company & Directors' Information:- S S P K CHITS PRIVATE LIMITED [Strike Off] CIN = U85110KA1985PTC006657

Company & Directors' Information:- G . B . S. CHITS PRIVATE LTD., [Active] CIN = U74899DL1986PTC024725

Company & Directors' Information:- SRI B L C PVT LTD [Active] CIN = U92111WB1981PTC033844

Company & Directors' Information:- C N CHITS PRIVATE LIMITED [Strike Off] CIN = U65992HR2004PTC035415

Company & Directors' Information:- V B GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102KL2005PTC018741

Company & Directors' Information:- S K M GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102TZ1997PTC008050

Company & Directors' Information:- W J CHITS PVT. LTD. [Strike Off] CIN = U65992HR1986PTC024441

Company & Directors' Information:- K R CHITS PRIVATE LIMITED [Active] CIN = U65990TN2014PTC095212

Company & Directors' Information:- J J GRANITES LIMITED [Active] CIN = U51311WB1992PLC055896

Company & Directors' Information:- L R K B CHITS PRIVATE LIMITED [Strike Off] CIN = U65992TN2010PTC077299

Company & Directors' Information:- S J S CHITS PRIVATE LIMITED [Strike Off] CIN = U65992TN2010PTC077705

Company & Directors' Information:- C S V N CHITS PRIVATE LIMITED [Active] CIN = U65992TZ1997PTC007753

Company & Directors' Information:- K S R CHITS PRIVATE LIMITED [Under Process of Striking Off] CIN = U65992TZ1994PTC005134

Company & Directors' Information:- R K CHANDRA PVT LTD [Strike Off] CIN = U36911WB1989PTC046753

Company & Directors' Information:- T P S CHITS PRIVATE LIMITED [Strike Off] CIN = U65992TG1998PTC029010

Company & Directors' Information:- A G S R CHITS COMPANY PRIVATE LIMITED [Strike Off] CIN = U65992KL2013PTC033333

Company & Directors' Information:- U AND I CHITS PRIVATE LIMITED. [Strike Off] CIN = U65992DL1997PTC090959

Company & Directors' Information:- O T C CHITS PRIVATE LIMITED [Strike Off] CIN = U65992TN1975PTC006891

Company & Directors' Information:- S I CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1996PTC077066

Company & Directors' Information:- AT GRANITES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U14200TG2010PTC071741

Company & Directors' Information:- J J GRANITES PVT LTD [Active] CIN = U51311WB1992PTC055896

Company & Directors' Information:- J P G CHITS PRIVATE LTD [Strike Off] CIN = U74899DL1988PTC033178

Company & Directors' Information:- N D P CHITS PVT LTD [Strike Off] CIN = U65992HR1999PTC034252

Company & Directors' Information:- R. C. N. CHITS PRIVATE LIMITED [Strike Off] CIN = U74992HR2006PTC036417

Company & Directors' Information:- M N K CHITS PRIVATE LIMITED [Active] CIN = U65992KA2009PTC048854

Company & Directors' Information:- A & A GRANITES PRIVATE LIMITED [Strike Off] CIN = U14291TN1997PTC037595

Company & Directors' Information:- S K S GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102KL1998PTC012075

Company & Directors' Information:- M J S GRANITES PRIVATE LIMITED [Strike Off] CIN = U51909KA1984PTC006298

Company & Directors' Information:- D S A CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1991PTC043484

Company & Directors' Information:- A R CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1985PTC022099

Company & Directors' Information:- L C CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1987PTC027375

Company & Directors' Information:- A.T. CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1991PTC044565

Company & Directors' Information:- G V R GRANITES (INDIA) PVT LTD [Strike Off] CIN = U14102AP1990PTC010922

Company & Directors' Information:- L AND L CHITS PRIVATE LIMITED [Strike Off] CIN = U65992AP1998PTC029455

Company & Directors' Information:- S N S CHITS PRIVATE LIMITED [Active] CIN = U65992KA1989PTC010583

Company & Directors' Information:- R R CHITS PVT LTD [Active] CIN = U74899DL1987PTC027439

Company & Directors' Information:- G T B CHITS PRIVATE LIMITED [Strike Off] CIN = U74899DL2006PTC144575

Company & Directors' Information:- K V M CHITS PRIVATE LIMITED [Strike Off] CIN = U65922DL1997PTC086790

Company & Directors' Information:- A F CHITS PRIVATE LIMITED [Strike Off] CIN = U74899DL1988PTC032987

Company & Directors' Information:- S J M CHITS PRIVATE LIMITED [Active] CIN = U65992KA2010PTC053181

Company & Directors' Information:- P T B CHITS PRIVATE LIMITED [Active] CIN = U65992KL2012PTC032601

Company & Directors' Information:- H C CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1997PTC090650

Company & Directors' Information:- K V K CHITS PRIVATE LIMITED [Strike Off] CIN = U65992TG1997PTC028176

Company & Directors' Information:- T P N CHITS PRIVATE LIMITED [Under Process of Striking Off] CIN = U65992DL1993PTC053729

Company & Directors' Information:- J M J CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1997PTC085230

Company & Directors' Information:- V G CHITS PRIVATE LIMITED [Strike Off] CIN = U65992HR2007PTC037141

Company & Directors' Information:- S S GRANITES PRIVATE LIMITED [Strike Off] CIN = U26931UP1980PTC005137

Company & Directors' Information:- A AND C CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1989PTC035394

Company & Directors' Information:- V T CHITS PRIVATE LIMITED [Strike Off] CIN = U65992UP1986PTC007726

Company & Directors' Information:- V A CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1991PTC046056

Company & Directors' Information:- K R J CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1992PTC048719

Company & Directors' Information:- G G CHITS PRIVATE LIMITED [Strike Off] CIN = U65999DL1987PTC030003

Company & Directors' Information:- S N M P CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1986PTC025337

Company & Directors' Information:- G AND J CHITS PRIVATE LIMITED [Strike Off] CIN = U65992UP1989PTC011244

Company & Directors' Information:- S S CHITS PRIVATE LIMITED [Strike Off] CIN = U65992TZ1993PTC004600

Company & Directors' Information:- V S G CHITS PVT LTD [Strike Off] CIN = U99999UP1988PTC009675

Company & Directors' Information:- H CHANDRA PRIVATE LIMITED [Strike Off] CIN = U65990MH1952PTC008894

Company & Directors' Information:- E T GRANITES LTD. [Strike Off] CIN = U14102RJ1992PLC006750

Company & Directors' Information:- G. K. R. S. GRANITES PRIVATE LIMITED [Strike Off] CIN = U51219TN2007PTC062067

Company & Directors' Information:- KAKATIYA GRANITES PRIVATE LIMITED [Strike Off] CIN = U14200TG2008PTC057544

Company & Directors' Information:- G & L GRANITES PRIVATE LIMITED [Strike Off] CIN = U14220TG2016PTC103857

Company & Directors' Information:- V S C K CHITS PRIVATE LIMITED [Strike Off] CIN = U65992TZ1995PTC005964

Company & Directors' Information:- K M T CHITS PRIVATE LIMITED [Strike Off] CIN = U65992TZ1996PTC007440

Company & Directors' Information:- S A I J S R CHITS PRIVATE LIMITED [Strike Off] CIN = U65992TZ2014PTC020244

Company & Directors' Information:- S D R M CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL2001PTC111732

Company & Directors' Information:- V V K CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL2004PTC126266

Company & Directors' Information:- P S CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL2014PTC270883

Company & Directors' Information:- U A CHITS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC074437

Company & Directors' Information:- B M D CHITS PVT LTD [Strike Off] CIN = U65992HR1997PTC033618

Company & Directors' Information:- M CHITS PVT LTD [Strike Off] CIN = U65992HR1998PTC034062

Company & Directors' Information:- D V CHITS PRIVATE LIMITED [Strike Off] CIN = U65992HR2005PTC035793

Company & Directors' Information:- G. P. V. CHITS PRIVATE LIMITED [Strike Off] CIN = U65992HR2009PTC039503

Company & Directors' Information:- B AND B CHITS PRIVATE LIMITED [Strike Off] CIN = U65992KL2012PTC030929

Company & Directors' Information:- M K R P CHITS PRIVATE LIMITED [Active] CIN = U65992TN2020PTC137018

Company & Directors' Information:- S P K CHITS PRIVATE LIMITED [Under Process of Striking Off] CIN = U65992TN2000PTC046205

Company & Directors' Information:- A. P. CHITS PRIVATE LIMITED [Under Process of Striking Off] CIN = U65992HR1987PTC029825

Company & Directors' Information:- C C R CHITS PRIVATE LIMITED [Strike Off] CIN = U65992TN1999PTC042763

Company & Directors' Information:- U P CHITS (INDIA) PVT LTD [Strike Off] CIN = U65992UP1974PTC004033

Company & Directors' Information:- CHANDRA CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1988PTC034304

Company & Directors' Information:- S M CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1983PTC016190

Company & Directors' Information:- A E CHITS PRIVATE LIMITED [Under Liquidation] CIN = U08019KA1980PTC003872

Company & Directors' Information:- T T D CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1989PTC038018

Company & Directors' Information:- O AND D CHITS PRIVATE LIMITED. [Strike Off] CIN = U65992DL1990PTC040414

Company & Directors' Information:- L N P GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102TG2000PTC034945

Company & Directors' Information:- S N CHITS PRIVATE LIMITED [Strike Off] CIN = U65992HR1987PTC027831

Company & Directors' Information:- N N CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL1986PTC024297

Company & Directors' Information:- U AND N CHITS PRIVATE LIMITED [Strike Off] CIN = U65992DL2000PTC103279

Company & Directors' Information:- V GRANITES PRIVATE LIMITED [Strike Off] CIN = U26940TN2008PTC066786

Company & Directors' Information:- M C GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102KA2008PTC048539

Company & Directors' Information:- L T CHITS PVT. LTD. [Strike Off] CIN = U65992HR1991PTC031478

Company & Directors' Information:- J C M CHITS PVT LTD [Strike Off] CIN = U65992HR1992PTC031819

Company & Directors' Information:- C D CHITS PVT. LTD. [Strike Off] CIN = U65992HR1997PTC033758

Company & Directors' Information:- A V R CHITS PRIVATE LIMITED [Strike Off] CIN = U65992TG1995PTC022135

Company & Directors' Information:- H C CHANDRA & CO. PVT LTD [Strike Off] CIN = U20231WB1957PTC023337

Company & Directors' Information:- LAKSHMI CORPORATION LIMITED [Dissolved] CIN = U99999MH1942PTC003739

Company & Directors' Information:- A.T. CHITS PVT. LTD. [Strike Off] CIN = U99999DL2000PTC019836

    FA No. 66 of 2016 (Against CC No. 87 of 2014)

    Decided On, 13 December 2019

    At, Telangana State Consumer Disputes Redressal Commission Hyderabad

    By, THE HONOURABLE MR. JUSTICE M.S.K. JAISWAL
    By, PRESIDENT

    For the Appellant: M. Hari Babu, Advocate. For the Respondents: N. Amarnath, Advocate.



Judgment Text


Oral:

This is an appeal filed under section 15of the Consumer Protection Act, 1986 by the Complainant in CC No.87/2014 on the file of District Consumer Forum, Warangal feeling aggrieved by orders dated 27.01.2016 in dismissing its complaint.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint.

3. The case of the Complainant, in brief, is that he joined in chit group No.FWT01V-25 of the Opposite party for the face value of Rs. 30,00,000/- with duration of SO months with monthly instalment of Rs. 60,000/- inclusive of dividend. The Complainant stated to have paid the instalments regularly and in the draw held in June 2010 the chit was knocked down in its favour. Even though Complainant furnished the sureties to the satisfaction of Opposite parties within 30 days, for the reasons best known, the Opposite parties paid the prized amount only after 5 months but failed to pay interest thereon instead have collected penalty of Rs. 93,637/-. In June, 2014 the Opposite parties demanded to pay Rs. 1,18,000/- to furnish the No Dues Certificate. In spite of making said payment, the Opposite parties failed to furnish No Dues Certificate. As a result of which, Complainant got issued notice on 10.07.2014 to which Opposite parties got issued evasive reply. Hence complaining deficiency in service filed the complaint with a prayer to direct the Opposite parties to pay the amount of Rs. 18,78,637/- and costs.

4. Opposite parties filed written version admitting the Complainant joining in their chit group for the value of Rs. 30,00,000/- and knocking down of chit in favour of Complainant in the auction held on 28.06.2010. However, the Complainant furnished sureties in the first week of November 2010 thereafter they issued cheque for the prized amount which the Complainant had withdrawn without any protest. Hence, for the laches on the part of the Complainant, they cannot be blamed. Accordingly, prayed to dismiss the complaint with costs.

5. During the course of enquiry before the District Forum, in order to prove its case, the Complainant got filed the evidence affidavit of one Nakka Chandra shekar, its Managing partner and the documents Ex.A1 to A12. On behalf of the Opposite parties, one Bandari Shekar, their Branch Manager filed his affidavit evidence.

6. The District Forum after considering the material available on record, dismissed the complaint bearing CC No.87/2014, by orders dated 27.01.2016, as stated, at paragraph No.1, supra.

7. Aggrieved by the said orders, the Appellant preferred this appeal contending that the forum below failed to appreciate the evidence on record in proper perspective and also failed to take note of the fact that Appellant furnished sufficient sureties June 2010 itself in spite of which there is huge delay in payment of chit amount. It failed to take note of the fact that the Respondent collected the penalty of Rs. 93,637/- which is not permitted by law. Hence, prayed to allow the appeal by setting aside the orders impugned.

8. The point that arises for consideration is whether the impugned order as passed by the District Forum suffers from any error or irregularity or whether it is liable to be set aside, modified or interfered with, in any manner? To what relief ?

9. Admittedly, it is a fact that the Appellant joined in chit group bearing No.FWT01V-25 with the Respondents chit fund company for the face value of Rs. 30,00,000/- with a duration of 50 moths with monthly instalment of Rs. 60,000/-. It is also not in dispute that the Appellant participated in the chit auction held in June 2010 and the chit was knocked down in his favour and so also furnishing of sureties by him, however, the sureties were furnished only after five months, as per the version of Respondents chit Fund Company.

10. It is not disputed that the prized amount was paid to the Appellant/ Complainant subscriber five months after the bid was knocked down in his favour. The reason for the delay, according to the Respondent/Opposite party is non-furnishing of sureties till five months. This fact is not denied by the Complainant/Appellant nor is there any evidence placed on record to show that the sureties were furnished prior to November 2010. The Forum has considered the material on record in proper perspective and dism

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issed the complaint. With regard to other recoveries and penalties, the same are held to be in accordance with Rules, regulations and conditions. Upon reappraisal of the entire material on record, I see no reason to interfere with the well reasoned order of the District Consumer Forum. There are no merits in the appeal, hence liable to be dismissed. 11. In the result, the appeal fails and is accordingly dismissed but in the circumstances, the parties to bear their own costs.
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