I have purchased two capital gain bonds from REC under Section 54 EC. The company says that the bonds have been dispatched. After inquiry at the local post office I understand that it has been lost by PO. Now the company local representatives want me to file an FIR so that they may send me a duplicate. Filing FIR is my job or the sender's job? I do not have any proof of dispatch. Would some one advice me what are the options available to me? more
I think REC should accept your undertaking and issue the duplicate Certificates as in case of lost Fixed Deposit Receipts of Banks. You write to REC explaining the facts and also ask for Postal receipt of dispatch of Bond Certificates by Reg. Post. more
REC is obligated to ensure applicant receives the bond. REC or its RTA used the services of post office to deliver it you which did not happen. Filing the FIR or any other complaint against the post office is REC/RTA's job. Applicant can only be asked to furnish an indemnity bond that both original and replacement won't be held by him/her. Most probably, its RTA that is asking you to file FIR. If you take the matter with REC directly, perhaps you will hear more logical solution. more
Ask company to give you an affidavit on appropriate stamp paper that they HAVE despatched bonds with details and POD. Further, your responsibility starts only after receipt of bond. Sending bond ie making bond available to you is REC responsibility like making money available to them is yours. In case of lack of reply, approach Registrar of companies and stock exchange. more
It is for the REC or their Registrar to file a police complaint. From your side you can give only a declaration that you did not receive the consignment. Mere despatching the document does not absolve the REC from their responsibilty. At best REC can ask you to give an affidavit that the bonds are not received by you. more
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