M. Shreesha, J. - (1.) For the reasons stated in the application seeking condonation of delay, the delay of 78 days is condoned. 2. Challenge in this Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act") is to the order 03.08.2010 passed by the A.P. State Consumer Disputes Redressal Commission at Hyderabad (for short "the State Commission") in First Appeal No. 1326 of 2008 against CC No. 30 of 2008 passed by the District Consumer Disputes Redressal Forum Ranga Reddy District (for short "the District Forum"). By the impugned order the State Commission has allowed the Appeal directing the Opposite Party No. 1 to 4 (hereinafter referred to as "Chit Fund Company") to jointly and severally pay a sum of Rs. 1,04,500/- along with interest @ 9% p. from the respective dates of deposits till the date of realization. Rs. 2,000/- were awarded towards costs.
(2.) The facts in brief are that one Kastala Mohan Rao joined as a Member of the Chit series bearing No. HKT 01J for a chit value of Rs. 5 lakhs and paid 13 installments @ Rs. 10,000/- per month without default. While so, on 05.09.2005 he along-with Complainant approached fourth Opposite Party for getting the chit transferred in the name of the Complainant. The fourth Opposite Party obtained signatures on the chit transfer form and other documents and transferred the chit in the name of the Complainant. The Complainant paid Rs. 91,500/- to said Mr. K. Mohan Rao . It was averred that the fourth Opposite Party received 14th installment of the chit i.e. Rs. 6,500/- by way of cheque and issued a pass book entering all the payments. On 25.10.2005, the Assistant Manager of the fourth Opposite Party went to Nandigama and collected another sum of Rs. 6,500/- by way of cheque towards the 15th instalment and a receipt was issued for the same and entry was made in the pass book. It was averred that for payment of the 16th instalment when the Complainant approached the fourth Opposite Party, the same but it was refused by the office staff stating that the chit was not transferred in his name and the payment was to be made in the name of Sh. K. Mohan Rao. On 03.12.2005 addressed a letter to the Executive Director of the first Opposite Party and also to the fourth Opposite Party enclosing a cheque of Rs. 6,500/- but the same was returned without giving any reasons. Another registered letter along with cheque of Rs. 13,530/- was sent pertaining to 16th and 17th installments which were also returned. A legal notice dated 24.04.2006 was addressed to the Opposite Parties demanding to receive the installments due. Even after receiving the legal notice there was no response. It was pleaded that the act of omission on the part of the Opposite Parties amounts to deficiency of service and the Complainant seeks refund of Rs.1,04,500/- along with interest, compensation of Rs. 50,000/- and costs.
(3.) The fourth Opposite Party filed their Written Version which was adopted by the other Opposite Parties, wherein it was denied that the Complainant along with Mr. K. Mohan Rao had approached them and became a member of the chit. It was stated that the Original Chit Holder Mr. K. Mohan Rao was a defaulter and so the Chit Fund Company filed a Civil Suit for recovery of Rs. 65,551/- pending before the Principal Junior Civil Judge, Ranga Reddy District. The Khammam Branch also filed a suit in respect of another chit against said Mr. K. Mohan Rao for recovery of Rs. 27,147/-.;