Kaycee (Self Employed) 07 November 2012

Consumer court

I have invested in a real estate company on a monthy EMI. I have receipts etc and have had along exchange of correspondence. I filed acomplaint with the ROC. The company replied to the ROC and submitted tampered documents,ROC sent me the entir set for my say.In my reply I submitted all the documents as issued by the company. This included the letters delivered to their branch and seal and signature take.They have advised me that the company is ubder investigation u/s 209 of the Companies act.My questions are as follows.

1) Can I approach the Consumer court when the matter is still pending before the ROc,Mumbai.?

2) If Yes the correct procedure?

3) If No the reasons and then the correct forum.

4) Under what sections of the Consumer Act should be agitated ?

Any other advice thought necessar and helpful

Thanks

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1 Replies

Adv k . mahesh (advocate) 07 November 2012

Section 129 in The Companies Act, 1956 129. Particulars in case of commission, etc., on debentures. Where any commission, allowance or discount has been paid or made either directly or indirectly by a company to any person in consideration of his subscribing or agreeing to subscribe, whether absolutely or conditionally, for any debentures of the company, or procuring or agreeing to procure subscripttions, whether absolute or conditional, for any such debentures, the particulars required to be filed for registration under sections 125 and 128 shall include particulars as to the amount or rate per cent. of the commission, discount or allowance so paid or made; but an omission to do this shall not affect the validity of the debentures issued: Provided that the deposit of any debentures as security for any debt of the company shall not, for the purposes of this section, be treated as the issue of the debentures at a discount.