Decided on September 08,2003

V.Saraswathi Respondents


C.P.SURESH,MEMBER - (1.) THE unsuccessful opposite party who remained absent in C.D. No. 159/96 on the file of District Consumer Forum, Ranga Reddy, is the appellant before this Commission.
(2.) THE case of the complainant is that the complainant joined as a member of the chit series YSP1Z floated by the opposite party for a sum of Rs. 1,00,000/ -. The amount is to be paid at the rate of Rs. 2,500/ - per month in forty (40) months. The chit has commenced in February, 1995. The complainant paid 17 instalments and in the auction held on 24.3.1996, she was declared as the highest bidder for an amount of Rs. 35,000/ -. After deducting the bid amount of Rs. 35,000/ - the opposite party is bound to pay the prize amount of Rs. 65,000/ - for which the complainant has furnished adequate sureties. The opposite party has issued a cheque dated 10.5.1996 for Rs. 33,140/ - only drawn on A.P. Mahesh Co -operative Urban Bank Ltd. and when she presented the cheque through her banker, the cheque was bounced for want of sufficient funds. The complainant was also given another cheque dated 17.5.1996 for Rs. 30,000/ - drawn on the same Bank which was also bounced for the same reason. When the complainant approached the opposite party, the opposite party gave another cheque dated 19.5.1996 for Rs. 30,000/ - drawn on the Vysya Bank Ltd. MIG Extension Counter, BHEL, with an ante -date and when she went to draw the amount she was informed that there was no amount in the account of the opposite party. The opposite party after taking back the first and second cheques issued a third cheque on 19.5.1996 and it was also dishonoured for want of sufficient funds, and the opposite party has taken away this cheque also. The complainant sent a registered notice dated 24.9.1996 and the opposite party sent a reply dated 3.10.1996 demanding her to pay a sum of Rs. 57,500/ -. Thereupon the complainant approached the District Forum.
(3.) THE opposite party in its written version admitted of issuing the cheque dated 10.5.1996 for Rs. 33,140/ - towards part -payment of the prize money and the same was bounced for want of sufficient funds. It also further admitted that it issued another cheque dated 24.5.1996 for Rs. 33,140/ - drawn on the Mahesh Co -operative Urban Bank Ltd., cancelling the words Account Payee cheque and making it a bearer cheque, to enable the complainant to draw the cash and the complainant has drawn the cash on 27.5.1996. It also admitted that the cheque dated 17.5.1996 for Rs. 30,000/ - issued by it has bounced and they have issued another cheque dated 19.5.1996 drawn on Vysya Bank Ltd., MIG Extension Counter, BHEL cancelling the Account Payee cheque to enable the complainant to draw the amount and that they have filed a suit before the Sub -Court. Basing on these pleadings and the evidence adduced, the District Forum partly allowed the complaint directing the opposite party to pay Rs. 33,140/ - with interest at 12 per cent per annum from 1.4.1996 till the date of realisation besides costs of Rs. 1,000/ -.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.