Chandigarh

DF-II

CC/317/2020

Garima Garg - Complainant(s)

Versus

Hindustan Unilever Ltd - Opp.Party(s)

Rakesh Dhiman & Varinder Arora

17 Sep 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	317 of 2020
Date  of  Institution	:	27.11.2020
Date   of   Decision	:	17.09.2021

 

 

 

 

1]  Garima Garg (Age-22) daughter of Sh.Rajesh Garg, resident of House No.2070, Sector 21-C, Chandigarh.

 

2]  Udayvir Garg (age-27) son of Sh.Rajesh Garg, resident of House No.2070, Sector 21-C, Chandigarh.

 

             …..Complainants

Versus

 

1]  Hindustan Unilever Ltd., 182/10, Railway Station Road, Near Charisma Construction Equipment Pvt. Ltd., Industrial Area, Chandigarh 160002, through its Branch Manager. {Given-up – Order dated 25.6.2021}

 

2]  Hindustan Unilever Ltd., Unilever House, B.D. Sawant Marg Chakala, Andheri (E), Mumbai 400099, through its Chairman and Managing Director Sanjeev Mehta.

 

3]  KFin Technologies Pvt. Ltd., Selenium, Tower-B, Plot No.31-32, Gachibowli Financial, District Nanakramuda, Serilingampalli, Byderabad 500032, through its authorized representative.

 

    ….. Opposite Parties

 

 

BEFORE:  SH.RAJAN DEWAN              PRESIDENT

         SMT.PRITI MALHOTRA             MEMBER

         SH.B.M.SHARMA                      MEMBER

 

For Complainant : Sh.Rajesh Garg, Adv. for complainant

For OPs         : OP No.1 given up (order dt. 25.6.2021)

   OPs No.2 & 3 exparte

PER PRITI MALHOTRA, MEMBER

 

         The case of the complainants, in brief, is that their grandfather Sh.M.L.Garg, holder of 3150 shares of OPs No.1 & 2 Company, expired on 18.5.2008, whereupon the above said shares were transferred in the name of his wife/grandmother of complainant’s namely Smt.Sudesh Garg, on 9.1.2009, on the basis of Registered Will executed by Sh.M.L.Garg during his lifetime (Ann.C-1 to C-4).  It is stated that Smt.Sudesh Garg, grandmother of complainants, also expired on 25.1.2020 and during her lifetime, she also executed a registered Will dated 4.12.2019 bequeathing all her movable assets in the name of her grand-children/complainants and remaining property was bequeathed in the name of her son Sh.Rajesh Garg, Senior Advocate, Punjab & Haryana High Court at Chandigarh (Ann.C-5).  Accordingly, the complainants, applied for transfer of shares in question in their name as per registered Will executed by Smt.Sudesh Garg, holder of said shares and original share certificate along with other documents were deposited with Manager of the issue, KFin Technologies Pvt. Ltd (Ann.C-6).  However, the OPs No.1 & 2 vide communication dated 8.7.2020 (Ann.C-8) denied the transfer of said shares in favour of the complainants per registered Will of Smt.Sudesh Garg, their grandmother, stating that as per succession act, Probate for a Will is required for transfer of movable property to the name of legal heir and as such demanded probate of the Will issued by court of competent jurisdiction. 

         It is pleaded that the entre  action of the Ops in not accepting the claim of the complainants for transfer of shares to the name of beneficiaries/complainants in accordance with the registered Will is illegal and amounts to unfair trade practice, citing different reasons, ignoring the fact that the same very shares were earlier also transferred to the name of beneficiary on the basis of registered Will in the year 2008-09, without any requirement for probate of Will as has now been raised.  Hence, alleging the said act & conduct of the OPs as gross deficiency in service and unfair trade practice, the present complaint has been instituted.

 

 

2]       OP No.1 has been given-up vide order dated 25.6.2021.

         The OPs No.2 & 3 did not turn up despite issuance of registered notices and grant of numerous opportunities to appear, hence OPs No.2 & 3 were proceeded exparte vide order dated 25.6.2021.

 

3]       Complainants led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the complainants and have also perused the entire record.

 

5]       Ann.C-4 is copy of Share Certificate issued in the name of Smt.Sudesh Garg for 3150 Shares of Hindustan Unilever Limited.  Ann.C-5 is the copy of Will executed by Smt.Sudesh Garg whereby she bequeathed all her movable properties in the name of Uday Vir Garg & Garima Garg, her grandchildren (son & daughter respectively of his son Rajesh Garg).  Ann.C-6 & C-7 are the emails dated 27.6.2020 & 8.7.2020 vide which the complainants requested for transfer of Shares Certificate in question on the basis of registered Will (Ann.C-5). However, the OP Company demanded succession Certificate for transferring the said shares vide Ann.C-8 & C-9 (emails dates 8.7.2020 and 14.7.2020 respectively).

 

6]       The complainants have duly proved their case by way of corroborative evidence and also filed duly sworn affidavit in support of their allegations set-out in the complaint, which goes unrebutted and unopposed from the side of the OPs No.2 & 3, who did not pursue the case nor filed reply & evidence and preferred to be proceeded exparte.   

 

7]       It has been observed that the OPs No.2 & 3 by their willful absence have failed to rebut the allegations of the complainants by way of any documentary evidence.  The principle deduced in the judgment of Hon’ble Supreme Court of India in Clarence Pais & Ors vs Union Of India, Writ Petition (civil) 137  of  1997,  Writ Petition (civil)  674 of  1998, decided on 22.02.2001, is well applicable in the present complaint.

 

8]       From the above discussion & findings and being guided by the judgment of Hon’ble Supreme Court of India, we are of the opinion that the deficiency in service has been proved on the part of OPs No.2 & 3, who refused to transfer the share certificates in the name of complainants by unjustifiable asking for probate of Will in question. Therefore, the present complaint is allowed with direction to the Opposite Parties No.2 & 3 to transfer the shares 3150 in numbers from the name of Smt.Sudesh Garg in the name of complainants as per the registered Will dated 4.12.2019. The OP No.2 & 3 are also directed to pay compository compensation of Rs.15,000/- to the complainants for the deficiency in service, for causing harassment to complainants and thrusting avoidable litigation.

 

         This order shall be complied with by the OPs No.2 & 3 within a period of 30 days from the date of receipt of copy of this order, failing which it shall also be liable to pay additional cost of Rs.10,000/-.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.   

Announced

17^th Sept.,  2021                                                                                                                                                            sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

                                                            Sd/-

 (PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(B.M.SHARMA)

MEMBER