M.Shreesha - (1.)Aggrieved by the order in C.C.No.107/2006 on the file of District Forum, West
(2.)Godavari at Eluru, the opposite party preferred F.A.No.971/2007 and the complainant preferred F.A.No.1484/2007. Since both the appeals arise out of the same C.D. they are being disposed of by a common order.
(3.)The brief facts as set out in the complaint are that complainant joined as a Member in Chit Ref.EMT. 1/5 on 23-6-2002 for Rs.10,00,000/- and the monthly instalment was Rs.25,000/- for a period of 40 months conducted by opposite party. The complainant submitted that after paying instalments from August 2002 to April, 2003 she was forced to leave the town under some unavoidable circumstances and she requested the opposite party to terminate her from the chit and refund the amount lying in her account and opposite party allowed her to close the chit and promised to refund the amount but in spite of repeated requests, they failed to refund the amount and later on when the complainant pressed for payment, they stated that the chit was not closed. On 1-6-2006 the complainant got issued a legal notice to the opposite party for which they replied on 27-6-2006 stating that the complainant has to pay an amount of Rs.12,145/- under S.C.D.F. loan. The opposite party also filed a suit against her for recovery of rs.10.450/- before the Principal Junior Civil Judge, Eluru which was numbered as O.S.No.78/2006. The opposite party stated in their reply notice that the husband of the complainant have to pay an amount of Rs.1,20,817/- to the complainant and they deducted the said amount from out of the outstanding balance of the complainant. It is the case of the complainant that she never stood as guarantor to her husband in any chit and that the opposite party filed a suit against the husband of the complainant along with guarantors for recovery of the amount of Rs.1,60,700/- before the Principal Senior Civil Judge Eluru. Hence the complaint for a direction to the opposite party to release the amount of Rs.2,25,000/- along with interest at 24% p.a. from the date of last payment i.e. 1-5-2003 till the date of realization together with compensation of Rs.75,000/-.