MODEL CHIT CORP LIMITED Vs. MEERA

JUDGEMENT

(1.) -THESE two appeals arise from a common order passed by the State Commission partly allowing the complaint filed by Dr. Meera (Appellant in FA No. 468 of 2006) alleging deficiency in service on the part of M/s. Model Chit Corporation Ltd. (Appellant in FA No. 226 of 2006 ).

(2.) BRIEFLY stated the facts of the case are that undisputedly the complainant Dr. Meera was subscriber of two chits bearing number LT 4 SLP 03 for Rs. 25 lakh and LT/3 GLP 38 for Rs. 50 lakh. This complaint is related to the chit bearing No. LT/3 GLP 38 for Rs. 50 lakh only. It was the case of the complainant that she has been subscribing regularly except for ten-month period for which monthly subscription was not paid and an oral understanding was reached between the parties that she will be paying 10 instalments at a time or she will give bank guarantee, but the Model Chit Corporation removed the membership of the complainant and an amount of Rs. 24,40,410 was naid whereas in fact the complainant was entitled to receive Rs. 40 lakh including interest from 1st May, 2003. It is not in dispute that the complainant has already received Rs. 2,450,00 and since the Model Chit Corporation has not paid the remaining amount of Rs. 15,50,000 to which as per complainant, she was entitled to, and since the matter was not getting sorted out between the parties, a complaint alleging deficiency in service on the part of the Model Chit Corporation, was filed before the State Commission. The complaint was resisted by the opposite party, M/s. Model Chit Corporation. The State Commission after hearing the parties and perusal of material on record passed the following order:

(3.) AGGRIEVED/dissatisfied by this order, both the parties have filed these two separate appeals before us.