I think their intention is not there to repay. You need to send them legal notice and approach court at the earliest
Hi, I have joined a running chit (Actual Started in June,2017) in Nov,2017 by paying 6 months payment (6x13000) of Rs 78,000 + 3000 Joining fee. The chit value is Rs 10,00,000 and duration is 50 months. Later onwards, I have paid every month’s installment on time, till Nov2018 i.e., till 18 months. Participated and declared successful bidder in the Auction held on 28, Nov2018 for the amount of 6,94,000. Submitted all the documents and sureties asked by chit fund company before 28, Dec2018. Received payment of Rs 3,03,679 on 29, May 2019. After several requests. I contacted the chit fund company to Provide remaining amount, but they failed to pay. Hence I discontinued to pay the Installments. Chit fund company called me many times to pay remaining installments, but when I ask for the remaining payment, they don’t have any answer. I Have call recording for each. Now they served notice for the Employees who had given me sureties. I have received only Rs 3,03,649 out of 6,94,000. That too 6 months later too Auction. Can Anyone suggest me how to go forward in this issue
I think their intention is not there to repay. You need to send them legal notice and approach court at the earliest
You can make a written complaint against the chit funds to the "Registrar of the Chit Funds". Under whose authority the chit fund has been registered. Kindly check the agreement of the Chit fund when you have entered.
You ask to Insepct the books of account of Chit Funds to Registrar. THE CHIT FUNDS ACT, 1982, under section 46.
46. Inspection of chit books and records by Registrar.—
*Amount payed towards Chit Fund Company till Nov 2018 is Rs 2,36,000(Through Installments without due date fail). * Amount Received from Chit Fund Company is Rs 3,03,679 only out of Rs 6,94,000 on 29 may 2019, with delay of almost 6 months..
Please approach a lawyer and get a legal notice issued against the chit fund Company for recovery of your dues as per agreed upon in between you and company.
No doubt they have failed to pay you the discounted amount as per the Chit Fund Law. So you have to make the complaint to sub-Registrar or Registrar as per Section 2 (o).
(o) “Registrar” means the Registrar of Chits appointed under section 61, and includes an Additional, a Joint, Deputy or an Assistant Registrar appointed under that section;
If you want any Complaint or application in written form against the Cit Fund company I can send Legal Notice on your behalf, do let me know.
Issue legal notice to chit fund to pay balance amount
inform the chit fund company that you are willing to pay balance installments on receipt of balance amount payable to you
Act as mentioned herein above
in case any suit is filed take the defence that balance amount not received by you hence you did not pay installments
If you have already written to them that to adjust your installments and they have not done so far then file immediately a case before the consumer forum for the relief.
- As per law, Chit funds are not financial companies, they are not regulated by the rules or guidelines of the RBI.
- Further, Chit Fund Act, was passed to regulate and monitor the activities of chit fund companies.
- Further , under Section 61 of this Act. Powers of adjudication is vest in the Registrar and the state governments Appellate authority.
- Further, the Prize chits and money circulation schemes are illegal and are banned under the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. and the powers of investigation under this Act are vested with the concerned state police authorities.
- Since, the said chit fund company has failed to pay the remaining amount of the bidder amount, and further threaten to implicate the surety is against the law.
- You should issue a legal notice , and thereby mention that the company has violated the norms after not paying the remaining amount , and thereby ask to withdraw the notice served upon the sureties.
- Further in no response , then lodge a complaint before the registrar , and police for cheating in the name of chit fund company.
You can complain the said issue with Registrar of Chits of your jusridiction where the chit fund company is registered and raise your legal objections with Registrar by giving a protest petition under valid receipt and take acknowledgement...I think Registrar will do the Needful...
If your sureties have been issued legal demand notice then they may have to issue a suitable reply notice denying the allegations.
In the meantime you should issue a legal demand notice to the chit fund company demanding the balance of the chit bid auction amount.
By remaining silent and not paying the monthly chit mount will become an offence on you.
the chit fund company may initiate recovery action agaisnt you for this.
They may even recover the amount from the sureties, who in turn may recover the said amount from you.
It is your fault for not having demanded the money after the auction was over and you were declared highest bidder.
You can issue a legal demand notice demanding the balance of the bid amount failing which you can file a money recovery suit with the support of documentary evidences in yor possession.
You can issue legal notice to the Chit Fund through your advocate by claiming your amount which you invested and and you are liable to get the interest as per the plan. Mention the details which the chit fund is binding to pay you as per the policy and terms and conditions which they have explained to you.
1. You should send reply to chit fund company that company were at default due to which you stopped the payment of Installements.
2. That if they complete the payment of bid won by you then you will clear all the instalments on thay very day.
3. Till then ask them that company should not send any notice or intimation to guarantor.