In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No.243/2010.

1)                   Sri Sujit  Kr. Ghosh,

2)                   Sri Mintu Ghosh,

            Duttapukur, Hospital Road, 24 Pgs (North).                                                  ------------ Complainant

---Versus---

1)                   Director,  I.T.C.  Ltd.

Virginia House, 37, Chowringhee,

P.S. Park Street, Kolkata-71. 

2)       Deputy Secretary, Investor Service Centre,

I.T.C. Ltd., 37, J.L. Nehru Road,

P.S. Shakespeare Sarani, Kolkata-71.

3)       The Regional Manager,

SEBI,  L & T Chamber,  3^rd Fl;oor,

16, Camac Street, P.S. Park Street, Kolkata-16.

4)       National Stock Exchange of India Ltd.

Eastern Regional Office, 1^st Floor,

99, Rashbehari Avenue, Kolkata-29.

5)       Sri Subhas Chandra Kothari,

NB-1, North Arjunpore, Shibtolla, Calcutta-59.

6)       Sri Satinath Sinha,

PO + Dist. Hooghly, Pin-712103, W.B.                                                           ----------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

Order No.   29    Dated  30-09-2013.

          We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainants purchased 100 equity shares from the o.p. nos.1 and 2. O.p. no.1 issued shares through o.p. no.2 who is the agent / service provider of o.p. no.1. The shares held by the complainants were lost from the custody of the complainants and complainants informed such loss to o.p. nos.1 and 2 immediately. Complainants informed the loss of share certificate immediately to the Officer-in-Charge, Barasat P.S. Complainants lodged several complaints and wrote several letters to the ITC Ltd. and the Investors service Centre ITC Ltd. requesting for issue of duplicate share certificate for the loss of the originals.

            Complainants lodged complaint with all relevant documents, complainants were asked by a letter dt.22.7.96 to submit affidavit, indemnity bond, counter guarantee in the subject.

            Complainants on receipt of the letter dt.22.7.96, immediately sent all those documents to the o.p. nos.1 and 2 duly notarized for taking necessary action at their end.

            Surprisingly complainants were informed vide letter dt. nil that the o.p. no.5 filed a case being no.CDF No.73/97 wherein it was directed to maintain statusque and not to issue duplicate share certificate.

            Such order was not conclusive an not signed by the Forum and obtained in a deceiptful manner to stand in the way so that the complainants were not able to restore the loss certificates. Hence the case was filed by the complainants with the prayer contained in the petition of complaint.

            O.p. nos.4, 5 and 6 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. O.p. nos.1, 2 and 3 did not contest the case by filing w/v and matter was heard ex parte against them.

Decision with reasons:

            In view of the findings above and on perusal of the entire materials on record we find that ITC Ltd. has not been impleaded as a party in this and the case is bad for non joinder of parties and which is highly fatal. That apart, we find that the instant matter is of the year 1996-1997 and the instant case has been filed at a very belated stage and delay has not been properly explained and the case is barred by limitation.

            Hence, ordered,

            That the case is dismissed on contest without cost.