Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 27.07.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay Rs. 2,00,000/- with interest.
- To direct the opposite parties to pay Rs. 5,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has invested Rs. 1,35,118/- in the opposite party scheme named as Escort Finance fix deposit scheme through opposite party no. 5 and opposite party has issued fixed deposit receipt which has been annexed as annexure – 1 series.
The grievance of the complainant is that he has sent several request letters to pay the aforesaid dues for treatment of his son who was suffering from Bone TB and also for educational expenses for his daughter who was studying. When the grievance of the complainant was not fulfilled then he sent a legal notice to opposite party as will appear from annexure – 3. The opposite party no. 1 had replied the aforesaid notice through an advocate contained in annexure – 4 stating therein that opposite party no. 1 have taken all concrete steps to effect payment to all its credits and for which a scheme of arrangement has been filed by opposite party no. 1 U/s 391 of the Companies act before Hon’ble High Court of Delhi and the same is under process of finding necessary mandate for its approval under the supervision of Hon’ble High Court, Delhi.
On behalf of complainant a supplementary petition has been filed in which the detail of the certificate has been mentioned in Para – 2 of the supplementary affidavit.
From bare perusal of fact stated in the supplementary affidavit it appears that complainant had received a cheque of Rs. 14,453/- and Rs. 17,748/- against FDR receipt number containing in annexure – 1/A and 1/B.
From record it appears that on behalf of opposite parties a vakalatnama was filed but no written statement has been filed.
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From bare perusal of annexure – 4 as well as Para – 5 and 11 of the supplementary affidavit it is crystal clear that the matter was under adjudication of Hon’ble High Court, Delhi and the complainant has received two cheques as per order of Hon’ble Court.
In view of the fact and circumstances this forum has no jurisdiction to entertain the grievance of the complainant. However, the complainant is at liberty to file appropriate application before appropriate Court/ committee for redressal of his grievance.
Accordingly, this case stands dismissed as not being maintainable.
Member Member (F) President
