M.THANIKACHALAM, J. - (1.) The opposite party is the appellant.
(2.) The respondent/ complainant, approached the District Forum, seeking direction for the refund of a sum of RS.20000/-, paid by him in two Chit groups, as well as for compensation of Rs.10000/-, for mental agony, alleging that the opposite party having collected the amounts, failed to inform the commencement of the chit, as well as failed to demand and inform, the amount payable then and there, which should be construed as deficiency, that inspite of repeated request, they have also failed to refund the amount collected, that should be construed as deficiency.
(3.) The opposite party admitting that the complainant was a subscriber in two Group as well the payment of Rs.10000/- each, resisted the case contending that despite repeated request, the complainant failed to pay the subsequent payment, viz. subscriptions, that as per the Tamil Nadu Chit Funds Act, the foremen is entitled to 5% commission, and the sum was adjusted from the payment made by the complainant, that because of the default committed by the complainant, the entire period of chit runs without alternative subscriber, thereby causing loss to the chit company, that the opposite party has not committed any deficiency in service, then there is no question of refund the amount, or paying any compensation, thus praying for the dismissal of the complaint.;