Haryana

Yamunanagar

CC/132/2019

Satish Kumar S/o Lehana Singh - Complainant(s)

Versus

Saharayan Universal Multipurpose Society Ltd. - Opp.Party(s)

Gaurav Mehta

24 Apr 2019

ORDER

CC No.132 of 2019.

Satish Kumar Saini vs. Saharayan Universal Multipurpose.

 

Present:    Sh.Gaurav Mehta, Adv. for complainant.

                               

1.           Complainant filed this complaint against the respondent alleging, he believed on the respondents/official/manager and purchased some bonds/share.FD i.e. bearing certificate No.34016419094 for Rs.247973/- on 30.1.2016 matured on 30.1.2019, certificate No.085000608431 vide receipt No.3406419200 for Rs.27752/- on dated 2.2.2016 matured on 2.2.2019 and certificate No.085000608432 vide receipt No.34016419201 for Rs.25241/- on dated 2.2.2016 matured on 2.2.2019.  However, after the expiry of date of maturity, he contacted to the respondent, as he was in dire need of finance as her daughter’s marriage was scheduled on 4.4.2019, the respondent did not pay maturity value and non-payment of maturity value of bonds mentioned here-in-before by the respondent committed commission of deficiency in service which necessitated him to file the complaint.

2.             Heard.

3.             From the perusal of the own pleadings and documents placed on record, it is very much clear, the complainant after the alleged date of maturity of the bonds in dispute on, non receipt of payment, the complainant has not served any kind of written notice upon the respondents.  There is nothing on record as to whether the respondent repudiated his claim.  It may be possible, the complainant himself concealing the some material facts as he might have not been able to perform certain obligations on her part such as disclosing latest bank account, PAN number and Aadhar number etc. The complaint is pre-mature and is liable to be dismissed.

4.           Hence, without commenting on the merits of the compliant, the present complaint is hereby dismissed, it being pre-matured with the liberty to the complainant to give written notice to the respondents lodging his claim with the respondent and the respondent on receipt of legal notice from the complainant will decide the claim case of the complainant as per law, in consonance with the terms and condition of the bonds in question, detailed in para No.1 of this order within 30 days from the receipt of claim/legal notice from the complainant.  No notice is required to the respondent before passing this order, because no comment has been made on the rights of the parties. In case grievance of the complainant after giving written notice to the respondents is not redressed by the respondents, then, complainant shall be at liberty to file fresh complaint before this Forum disclosing the fate of present complaint and proof of service of notice upon the respondent and delivery of copy of this order.  File be consigned to the records.