West Bengal

Kolkata-I(North)

CC/11/409

Brahmanand Singh - Complainant(s)

Versus

Gujarat NRE Coke Limited and 2 others - Opp.Party(s)

24 Apr 2013

ORDER

Consumer Disputes Redressal Forum,
Unit-I, Kolkata
http://confonet.nic.in
 
Complaint Case No. CC/11/409
 
1. Brahmanand Singh
30, Dr. Gangadhar Mukherjee Road, Howrah-711101.
Howrah
WB
...........Complainant(s)
Versus
1. Gujarat NRE Coke Limited and 2 others
22, Camac Street, Kolkata-700016.
Kolkata
WB
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Sankar Nath Das PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 
PRESENT:
 
ORDER

In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

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

 

CDF/Unit-I/Case No.409/2011   

 

1)                   Brahmanand Singh,

            30, Dr. Gangadhar Mukherjee Road,

            Howrah – 711101.                                                                                   ---------- Complainant

---Versus---

 

1)                   Gujarat NRE Coke Ltd.

22, Camac Street, Block-C, 5th Floor,

Kolkata-16, P.S. Park Street.

 

2)       Niche Technologies Pvt. Ltd.

Registrars and Share Transfer Agent,

D-511, Bagree Market,

71, B.P.B. Basu Road, Kolkata.

 

3)       The Bank Manager,

Punjab National Bank,

1, R.N. Mukherjee Road, Kolkata-1.                                                                    ---------- Opposite Parties

 

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                                                                

Order No.   13    Dated  24-04-2013.

 

            The case of the complainant in short is that complainant applied for 100 Gujarat NRE Coke Ltd. shares having Folio no.J00190, Certificate no.024205 and Distinctive no.from 03822801 – 03822900 and only those shares were transferred and registered in the name of the complainant in the year 1995. But the complainant is not getting the dividend and bonus over these above shares since 1995.

            The complainant for the dividends and bonus over these 100 shares has filed this complaint against the o.ps.

            O.ps. appeared but did not file w/o against the complainant’s complaint. It seems that the o.ps. have nothing to say against this complaint.

            The complainant restlessly requested the o.ps. to relieve / send all bonus and dividend over these 100 shares but the o.ps. by a letter dt.11.10.1996 informed that there is a court case so they are waiting for further order. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.ps. did not contest this case by filing w/v and matter was hears ex parte against the o.ps.                                                    

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and we find complainant applied for 100 Gujarat NRE Coke Ltd. shares having Folio no.J00190, Certificate no.024205 and Distinctive no.from 03822801 – 03822900 and only t hose shares were transferred and registered in the name of the complainant in the year 1995. But the complainant is not getting the dividend and bonus over these above shares since 1995.

            We find from the record that the complainant for the dividends and bonus over these 100 shares has filed this complaint against the o.ps.

            It is seen from the record that o.ps. appeared but did not file w/o against the complainant’s complaint. It seems that the o.ps. have nothing to say against this complaint.

            We further find that the complainant restlessly requested the o.ps. to relieve / send all bonus and dividend over these 100 shares but the o.ps. by a letter dt.11.10.1996 informed that there is a court case so they are waiting for further order. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            In view of the above findings and on perusal of the entire materials of the record we find that the evidence of the complainant has remained unchallenged testimony and o.ps. had sufficient deficiency in service being service provider to their consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed ex parte with cost against the o.ps. O.ps. are jointly and/or severally directed to release 582 shares with bonus plus dividend as stood on the date of passing of the judgment and o.p. nos.1 and 2 are jointly and/or severally directed to pay to the complainant compensation of Rs.7000/- (Rupees seven thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Complainant is at liberty to file execution case before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986.

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

 
 
[HON'ABLE MR. Sankar Nath Das]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER

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