BEFORE THE DISTRICT CONSUMER FORUM : WARANGAL
Present: Sri D.Chiranjeevi Babu
President.
Sri N.J.Mohan Rao,
Member.
AND
Smt. V.J. Praveena,
Member.
Wednesday the 28th May, 2008.
CONSUMER COMPLAINT NO. 59/2007
Between:
Ramagiri Thirupathi Rao,
S/o.Rajeshwar Rao,
Age: 69 yrs., Occu.:Retd.Employee,
R/o.H.No. 2-6-1424,
Bhavaninagar, Hanamkonda,
Warangal District.
… Complainant
AND
1. Intime Spectrum Registry Limited, C-13 Pannalaa
Silk Mills, Compound, LBS Mar, Bhandup (W),
Mumbai-400078 India, (Registrar to the Public
Issue of PARSVNATH DEVELOPERS LTD., Rep. by its
Contact person Mr.Salim Shaikh.
2. Karvy Stock Broking Limited, Hyderabad,
Represented by its Senior Manager, R.Srinivas,
Distribution Department, KSBL Building,
Karvy Securities Ltd., 529, Road No.4,
Banjara Hills, Hyderabad.
3. Karvy Stock Broking limited,
Represented by its B.Challa Rao,
H.No.5-6-96, Ist Floor, Shop No. 5 & 6,
Chandra Complex, Opp.: BED College,
Hanamkonda,
Warangal District.
… Opposite Parties
Counsel for the Complainant : Sri. B.V.Sripathi Rao, Advocate
Counsel for the Opposite Party : In persons
This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.
:: ORDER ::
Sri D.Chiranjeevi Babu President
This is a complaint filed by the complainant i.e. Ramagiri Thirupathi Rao against the Opposite parties under section 12 of Consumer Protection Act, 1986 for a direction to an amount Rs.24,000/- with interest @ 18% per annum from 10-12-2006, amount of reasonable compensation as may be fixed by this Honourable Forum, Costs of filing of this Complaint and any relief or relieves.
The brief averments contained in the complaint filed by the complainant are as follows:
01. The case of the complainant is that, the complainant applied for (80) equity shares of the said company in the public issue of shares. The application was made through the Bid-Cum-Application Form No.5, 5412629 along with D.D.No.243582 dated 08-11-2006 for Rs.24,000/- drawn on ING Vysya Bank, Hanamkonda, which was received by opposite parties and processed and credited to the company’s account maintained with the ABN AMRO Bank, Hyderabad, but the complainant has not received either allotment or refund order for the above eight (80) shares. The complainant addressed a letter dated 06-01-2007 to the opposite parties regarding the non-receipt of allotment advise who represented data on 08-03-2007. The complainant sent full details of investment through E-mail as per advise of the opposite party No.1. The ABN AMRO Bank, Hyderabad sent a letter dated 09-03-2007 stating that his application was in process but still the complainant has not received the allotment advise or refund order. The act of Opposite Parties amounts to deficiency in service. On 05-02-2007 the complainant contacted by phone to opposite party No.1 who stated that they have not received the application form of the complainant so far. The complainant stated that the opposite party No.1 has not received his application form and demand draft due to negligence of opposite party No.2. Hence opposite party No.2 is liable to pay the amount of Rs.24,000/- with interest and compensation to him. Hence filed this complaint praying to direct the opposite parties to pay Rs.24,000/- with interest and costs.
02. The complainant in support of his claim filed his Affidavit in the form of chief examination and marked Exs.A-01 to A-05. On behalf of opposite parties in persons.
03. Now the point for consideration whether the complainant is entitled to get an amount of Rs.24,000/- along with interest @ 18% per annum from 10-12-2006, costs of the complaint and any other relief or relieves.
After gone through the complainant allegations and the documents filed by the complainant our reasons are like this.
04. Since long time in this case the opposite parties 1 to 3 they came and taken time for filing of Written Versions but this Forum has given time last chance up to 09-01-2008 on that day the opposite parties 1 to 3 called absent and they have not filed Written Versions before this Forum and set exparte. Since that this case is coming for arguments, but either the complainant or his Advocate not present before this Forum and they are not advancing their arguments and further in this case at one time the complainant came to this Forum and he represented the received principal amount of Rs.24,000/- from the opposite parties, but there is no proof, orally he represented before this Forum that, he received an amount of Rs.24,000/-. Since already he received an amount of Rs.24,000/- i.e. reason only is called absent on each and every adjournment, if he has any interest on this case certainly either the complainant or his counsel should present before this Forum and argue the matter, but they are not coming to this Forum and intentionally called absent. Since this case is coming from long time we posted this matters for time to time and at least we proof this matter for orders. As per his oral representation that, he received an amount of Rs.24,000/- and we come to conclusion that, there is no case in favour of the complainant. So we have no hesitation to dismiss this case.
For the foregoing reason given by us, we see no grounds to allow this complaint. Accordingly this complaint is dismissed but without costs.
(Dictated to the Stenographer transcribed by him corrected and pronounced by us in the open Forum today i.e. 28th May, 2008).
Sd/- Sd/- Sd/-
Member Member President,
District Consumer Forum, Warangal.
APPENDIX OF EVIDNECE
WITNESSES EXAMINED
ON BEHALF OF O.P.
Affidavit of Complainant ----
EXHIBITS MARKED
ON BEHALFOF COMPLAINANT
1. Ex.A-1 is the Original Receipt Vide Receipt No.55412629, dt.:8-11-06.
2. Ex.A-2 is the copy of the D.D. No.243582 drawn on Vysya Bank, Ramnagar, Hanamkonda Branch, along with application copy.
3. Ex.A-3 is the Original Postal Receipt, dated 06-01-2007.
4. Ex.A-4 is the Original Acknowledgement Card, dt.:11.1.07.
5. Ex.A-5 is the copy of the letter sent to P.Raghavender of Karvy Stock Broking Ltd., from ABN AMRO Bank, Hyderabad.
6. Ex.A-6 is the copies of the e-mails, dated 03-09-2007 & 03.08.2007.
ON BEHALF OF Opposite parties
-- NIL --
Sd/-
PRESIDENT.
