M. THANIKACHALAM, J. - (1.) The opposite party is the appellant.
(2.) The complainant/respondent, who had subscribed, in the chit group of Rs.50,000/- [63D/96] conducted/floated by the opposite party, from 19.7.2004, became the successful bidder on 19.2.2005 at the time of 8th draw. After the discount of Rs.12,000/-, the complainant is entitled to the balance, for which, documents were executed. But, despite repeated requests, the opposite party refused to release the amount, seeking security, which was not the practice previously, thereby they have committed deficiency in service, causing mental agony. Therefore, the complainant is entitled to the collected sum of Rs.20,000/- with interest, along with compensation of Rs.50,000/-. Hence, the complaint.
(3.) The opposite party, admitting that the complainant was a subscriber in group No.63D/96 as well, he became successful bidder in the 8th draw, resisted the complaint, contending that he failed for furnish the security for the payments, which is mandated under law, that despite the request to furnish security and take the amount, the complainant instead of complying the same, unnecessarily filed the case, issuing notice and since the opposite party has not committed any deficiency, the complainant is not entitled to any relief, thereby praying for the dismissal of the complaint.;