DINESH KUMAR Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) Brihaspati Sharma, complainant No.1, his wife Mrs. Reba Sharma, complainant No.2 and their daughter Mrs. Surabhi Kaushik, complainant No.3 with the permission of the Commission filed a joint complaint with the allegations that the aforesaid three complainants made investments in Fixed Deposit Scheme of Cyber-Space Limited at the instance of opposite party Nos.3 and 4 and their officers who have been arrayed in the complaint as opposite party Nos.1 and 2.

(2.) Some of the fixed deposits matured for payment during the months of June 2001, July 2001, August 2001 and some of them matured in the year 2002 on different dates but consequently it occurred from the information gathered through other sources that the offices of the opposite parties were closed and the officers employed had left with the result there was no substance in waiting for the period. Further it was also mentioned in the complaint that the officers were lodged in District Jail, Lucknow having been involved in some economic scam and also being accused in some criminal case with regard to the deposit of other depositors. Consequently, a complaint for claiming relief as contained in the relief clause was filed.

(3.) Notices were issued to the opposite parties but inspite of notice they did not appear and ultimately vide order dated 30.7.2004 the proceedings against the opposite parties were allowed to proceed ex parte and the complainants were asked to furnish their evidence in support of their complaint. Certain documents along with affidavit were filed by the complainants. In the affidavit what was claimed as relief in the complaint has been summarised and it was made to understand that certain payments were made and consequently what was exactly needed from the opposite parties was given in the shape of chart which forms part of the affidavit dated 4.1.2005 as Annexure No.1.