In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 290 / 2010

1)                   Smt. Sukla Basu,

AF-785, Sector-I, Salt Lake City, Kolkjata-64.                                                ---------- Complainant

---Versus---

1)                   B.F.L. Exports Ltd.

31, Chowringhee Road,

P.S. Park Street,  Kolkata-16                                                                  ---------- Opposite Party.                                                            

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

                        Smt. Sharmi Basu, Member

Order No.   22    Dated  08/10/2012.

            The petition of complaint has been filed by the complainant Smt. Sukla Basu against the o.ps. B.F.L. Exports Ltd. The case of the complainant in short is that complainant is a bona fide regd. share holder of 1000 equity shares, face value of each being Rs.10/- of BFL EXPORTS LTD. of 14, Netaji Subhas Road, Kolkata-1 for which she had to pay a sum of Rs.35,000/- to the said company, the premium price of each share being Rs.35/- in  the month of Feb. 1996. Regd. Folio No. of all the certificates is M 000054 BFL/000855, all dt.29.2.1996. Certificates has been issued in the joint names of this complainant Sukla Basu and Manindra Nath Basu who made application to the said company for allotment of such shares according to the form submitted to the company duly filled in and signed. Said Manindra Nath Basu, father-in-law of the complainant is no moiré in this world. O.p. has not made any correspondence with the share holder. Complainant has never been provided with any brochure, balance sheet which should have been sent to the share holders as per Companies’ Act, 1956. Till date all the shares in question have been listed in any SEBI recognized Stock Exchange. Complainant finding no other way had been to company’s office at 14, Netaji Subhas Road, Kolkata-1 and but she found no existence of the company there. She subsequently came to know that the office of company had been shifted to 31, Chowringhee Road, Kolkata-16. But this change of regd. office has not been communicated to complainant. Complainant thereafter was compelled to write a letter to the Dy. Registrar of companies at Nizam Palace, Kolkata-20 to have an in formation about company’s existence. Thereafter on being agreed by Dy. Registrar of companies, the company vide their letter dt.2.11.06 informed the complainant that the company’s regd. office had been shifted to 31, Chowringhee Road, Kolkata-16. They also mentioned that the company was passing through a very critical financial position at that material period. They flatly denied of receipt of all the letters sent to them from the complainant’s end. Since then the company is totally silent. All the attempts had gone in vain. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular. Record goes to show that complainant and her father-in-law, since deceased, purchased 1000 equity shares of Rs.10/- each having face value of Rs.35/- each share at the cost of Rs.35,000/- in their joint name and no dividend was paid to the complainant nor even balance sheet was sent to the complainant which is mandatory. We have gone through the letter of o.p. dt.29.9.1996 and we find that some amount of inducement was there and we find gross deficiencies on the part of o.p. being service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest against the o.p. with cost. O.p. is directed to refund a sum of Rs.35,000/- (Rupees thirty five thousand) only and is further directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.