Perused the complaint and documents filed by the complainant. The complainant is claiming Rs.34,50,000/- from the OP on the ground that he has invested Rs.34,50,000/- in the OP company as per the assurance given by the Board of directors of the OP company. The complainant attracted by the offer made by the OP company that they will give 15% exorbitant interest per month on the investment. Has invested Rs.34,50,000/-. The OP have not at all issued any written documents, alleging that he cannot issue any printed acknowledgements for the cash received as per the government norms and the data is available for all the members in mypayhm.com app.
After that the OP has avoided making payment from the month of April 2022. The OP has also obtained withdrawal form from few members forcibly on the ground that they would refund the entire deposit within three months. Unfortunately no one got refund either their deposits or interest thereon. Later the OP has shut down their company and all his sister concern group company and absconded from November 2022. The Tamilnadu Government appointed and nominated additional director of superintendent of police, Economic offences wing, having office at No3, Ashok Nagar, Chennai to secure the deposits. After that the EOW has immediately seized the entire data and mypayhm.com to know the depositors. Unfortunately the complainant and his family members could not able to trace the OP and to trace the app as it was blocked by EOW. Hence the complainant has filed this complaint for recovery of the amount from the OP company.
On perusal of the entire complaint and documents there is no documents produced by the complainant to show that he has deposited the amount in the OP company. The entire complaint is based on the primary question of fraud which does not come under the jurisdiction of Consumer Commission.
As per the say of the complainant the EOW has seized the entire data to know the depositors, cash transactions and the promoters of the OP company. Except the complaint given by the complainant to the EOW and the list of some persons with amount and copy of the aadhar card and newspaper cuttings has not at all produced any reliable documents to show that there was a transaction took place between himself and the OP company.
If the OP company is a fraud company then the concerned Tamilnadu government has to take action to seize the property of the OP company in order to make arrangements to safeguard the interest of the depositors and to refund of the amount by auctioning the properties owned by the OP company.
When the complaint involves the serious question of fraud this commission has no jurisdiction. There is no document placed before this commission by the complainant to made out a primafacie case before this Commission to admit the complaint. Hence the complaint is liable to be rejected. Therefore we proceed to pass the following;
ORDER
Complaint is not maintainable before this commission.
Return the complaint with documents to present before the proper jurisdictional court or authority.
(SUMA ANIL KUMAR) MEMBER | (K.ANITA SHIVAKUMAR) MEMBER | (M.SHOBHA) PRESIDENT |