CARONET CONSTRUCTIONS (INDIA) PRIVATE LTD Vs. MANAGING DIRECTOR SRI RAM CHITS
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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K.SAMPATH, J. -
(1.) The complainant in COP No.404/2003 on the file of the District Consumer
Disputes Redressal Forum, Chennai (North) is the appellant herein. Their
case was as follows: - The complainant joined in five chits conducted by
the opposite parties and paid Rs.1,11,000/- and when they demanded the
amount the opposite parties failed to pay the same necessitating the
filing of the complaint.
(2.) The defence set up was as follows: - The person Mr.Varadharaja-swamy
who claimed to be the Manager of the complainant company had no authority
to file the complaint. He was a surety of the prized chits towards
payment of future instalments. The complainant had received the money
under both the prized and non-prized chits and no amount was due to the
complainant. The amount claimed in respect of the non-prized chits were
adjusted towards payment of future instalments of prized chits and hence
no amount was payable. Apart from the above, the question of payment in
respect prized chits and non-prized chits were decided in the Arbitration
proceedings initiated and in the said proceedings the complainant raised
the very same point raised in this complaint. Those points were rejected
by the Arbitrator and an award came to be passed against the complainant
for the recovery of the amount due to the opposite parties. The issues
now raised having already been decided between the same parties before
the Forum constituted under the Chit Funds Act, the same issue could not
be raised once again. The earlier decision would operate as res judicata.
(3.) Before the District Forum, on the side of the complainant Exs.A-1 to
A7 were marked while on the side of the opposite parties Exs.B-1 to B10
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