TANKALA SARVESWARA RAO Vs. ANANTAPALLI VENKATA GOPALA RAO

JUDGEMENT

(1.) Aggrieved by the order in C.D.No.32/2005 on the file of District Forum, Srikakulam, opposite party no.2 preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant joined as a member in the scheme relating to the opposite parties in the name and style of Sri Suryachandra Mutual Benefit Scheme at Golkondarevu road, Srikakulam. As per the scheme the complainant has to pay an amount of Rs.500/- per month for a period of 18 months or pay an amount of Rs.7,000/- at a time and the opposite parties will give discount of Rs.2000/-. Opposite parties agreed to conduct the draw every month for a period of 18 months and they also agreed to pay double the amount to the unsuccessful members after expiry of 5 years. Accordingly the complainant paid Rs.550/- on 28.8.1998 towards the 1st instalment of Rs.500/- and also Rs.50/- towards admission fee. Thereafter he paid an amount of Rs.6,500/- on 2.9.1998 and the opposite parties gave discount of Rs.2000/- to the complainant. The complainant had not succeeded in the draws conducted by the opposite parties and the opposite parties have agreed to pay an amount of Rs.18,000/- to the complainant after expiry of 5 years i.e. in the month of August , 2003. In the month of September,2003 the complainant approached the opposite parties for payment of the said amount but they failed to pay the amount and even got issued a legal notice dt.23.11.2004, for which opposite party no.1 acknowledged but did not pay the amount. Vexed with their attitude, the complainant filed this complaint seeking direction to the opposite parties to pay the maturity amount of Rs.18000/- with interest @ 24%p.a. from 1.9.2003 till the date of realization, to pay Rs.10,000/- towards compensation and to pay costs.

(3.) Opposite parties 1 and 2 refused to take notices and were set exparte.