1. Brief fact of the case of the complainant is that she booked a plot measuring 1200 Sq.Ft. i.e. 30 ft. X 40 ft. under mouza Sula Chaka, Siula, Matiapara, Ekachalia, Kairi with consideration of Rs. 4000/- vide B.N. Lucky no. 6746, M.R. No. 3174 under scheme of “Bhagya Nagar Plotted Scheme” with a condition to deposit Rs. 700/- per month as monthly instalment for 60 months and executed agreement to that effect.It is alleged that complainant has deposited all her monthly installments with the O.P. as on 2013, but the O.P. has not registered nor transferred the plot in her favour, as per the agreement made between them and in this regards all her efforts got in vein.Thus showing deficiency in service, she filed this case with a prayer to get refund the entire deposited amounts with interest and to pay her Rs. 50,000/- and Rs. 20,000/- and Rs. 10,000/- towards compensation and costs for conveyance and litigations to her.

2. On the other hand, O.P. appeared through her Ld. Counsel and filed their counter version denying the allegations of complainant contending with a specific plea that as per direction of Hon’ble Supreme Court of India in Special Leave To Appeal (Crl.) Nos. 6749-6751, 6961-6369, 6942-6944, 6983-6985 and 6986-6988 of 2013, they have deposited the entire amount before the Hon’ble Supreme Court amounting to Rs. 63,55,49,227/- against the 5 plotted scheme where the Bhagya Nagar Plotted scheme is one of these and subsequently as per the order of Hon’ble Supreme Court, the said amount transferred to the designated Court at Cuttack under the O.P.I.D. Act, 2011 and the said amount is under the custody of Designated Court, as such the present case is not maintainable and with other contentions, O.P. prayed to dismiss the case.

3. Parties have certain documents in support of their respective submissions.  Heard from the A/Rs for the respective parties.  Perused the case record and material documents available therein.
    
4. It is documentary facts that the complainant has booked a plot 1200 Sq.Ft. i.e. 30 ft. X 40 ft. under mouza Sula Chaka, Siula, Matiapara, Ekachalia, Kairi with consideration of Rs. 4000/- vide B.N. Lucky no. 6746, M.R. No. 3174 under scheme of “Bhagya Nagar Plotted Scheme” with a condition to deposit Rs. 700/- per month as monthly instalment for 60 months.  The allegations of complainant is that though she has deposited all her monthly installments with the O.P. as on 2013, but the O.P. has not registered nor transferred the plot in her favour till date, as per the agreement made between them, whereas the specific plea of O.P is that as per direction of Hon’ble Supreme Court of India in Special Leave To Appeal (Crl.) Nos. 6749-6751, 6961-6369, 6942-6944, 6983-6985 and 6986-6988 of 2013, they have deposited the entire amount before the Hon’ble Supreme Court amounting to Rs. 63,55,49,227/- against the 5 plotted scheme where the Bhagya Nagar Plotted scheme is one of these and subsequently as per the order of Hon’ble Supreme Court, the said amount transferred to the designated Court at Cuttack under the O.P.I.D. Act, 2011 and the said amount is under the custody of Designated Court, as such the present case is not maintainable being subjudiced.

5. It is ascertained from the documents filed by the complainant that she has deposited all the monthly installments to purchase one plot from the O.P., as such entitled for the said plot as per the agreement made between them on dated 31.01.2008.  Whereas as per the documents filed by the O.P. it is ascertained that since the O.P. has collected to an amount of Rs. 63,55,49,227/- from different depositors towards providing plotted lands but on failure to provide such plotted lands and non refund of collected amounts, criminal cases were initiated and the O. P. was bailed out as per direction and conditions imposed by Hon’ble Supreme Court of India in Special Leave To Appeal (Crl.) Nos. 6749-6751, 6961-6369, 6942-6944, 6983-6985 and 6986-6988 of 2013 and deposited the entire collected amount of Rs. 63,55,49,227/- which includes the amount deposited by the present complainant.Further it is ascertained that the said amount was transferred to the Designated Court under Odisha Protection of Interests of Depositors (In Financial Establishments) Act, 2011 in connection with Cr. M.P. Nos. 3982-3984, 4775-4777, 4961-4963, 4964-4966 and 4969-4971 of 2017 in SLP (Crl) Nos. 6749-6751/2013.Hence we think the complainant is entitled her amount from the concerned Court but not from this Forum.

                                                                                                    ORDER

        The complaint petition is herewith dismissed with a liberty to the complainant to approach the concerned court to sustain her claim.  Parties to bear their own costs.

        Pronounced in the Forum on this the 17^th  day of November, 2020.

        Issue free copy to the parties concerned.