Complaint No.: 238/2015  

 O R D E R

The aforesaid case posted today to take steps against respondent.2 and 3. While the respondent in due service of notice appeared in person through postal communication, filed objections along with certified true copy of the order in Civil Appeal 5168/2000 Supreme Court with prayer to close the proceedings.

Subsequent to the above developments & filing of objections by respondent 1 the complainant did not appeared and taken any steps against respondent 2 and 3 and did not submit his say with regard to the objections and contention taken by the respondent 1 inspite of several opportunities were given.

The complainant filed the instant complaint praying to issue direction to the respondent to pay the invested amount with the respondent of Rs.1,19,000/- with interest @18% from 13.05.2015 till realization along with Rs.1 lakh as compensation for mental agony and inordinate delay in payment, Rs.10000/- towards cost of the proceedings and to grant such other reliefs.

In view of the pleadings of both the parties this Forum pleased to frame the following issue for consideration

1. Whether the complaint is maintainable as brought?
2. What order ?

          On going through the pleadings of both the parties coupled with the orders and observation made in Civil appeal 5168/2000 Supreme Court Dt.04.04.2007 it is evident that the Hon’ble Supreme Court had stayed all the proceedings and orders passed by different courts including consumer Forum against the appellant/ respondent till then final decision with regard to the affairs appellant/ respondent. In the said orders the Hon’ble Supreme Court is also directed to all the sub ordinate courts not to dealt and also directed the concerned to publish the matter in all the newspapers with a copy to all Dist. Forums. Under those circumstances the present complaint filed by the complainant against the respondents is not maintainable for the present & accordingly the complaint is dismissed as not sustainable. However the complainant is at liberty to move for relief in view of the direction of the Supreme Court that may be issued in future. No order as to costs. 

          In view of these observation issue.1 is answered in negative & proceed to pass the following

O R D E R

The complaint is dismissed. No order as to costs.