West Bengal

Kolkata-I(North)

CC/209/2019

Santosh Kumar Gupta - Complainant(s)

Versus

Kotak Securities Limited and another - Opp.Party(s)

26 Jul 2019

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/209/2019
( Date of Filing : 16 Jul 2019 )
 
1. Santosh Kumar Gupta
S/o Late Ramesh Chandra Gupta, 563A, Rabindra Sarani, P.S. - Shyampukur, Kolkata - 700003.
...........Complainant(s)
Versus
1. Kotak Securities Limited and another
2, Brabourne Road, Second and Fifth Floor, Govind Bhawan, P.S. - Hare Street, Kolkata - 700001.
2. Kotak Securities Ltd.
27, BKC, C 27, G Block, Bandra Kurla Complex, Bandra East, Mumbai - 400051.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MR. Sk. Abul Answar MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 26 Jul 2019
Final Order / Judgement

Order No. 2   dt.  26/07/2019

Ld advocate for the complainant is present.

Perused the petition of complaint.

It appears that the complainant has filed this case with the allegation that he maintains a demat account with the o.p no-1.The said account is maintained for the purpose of trading of shares.The complainant has also mentioned in the petition of complaint that he maintained several thousand of shares which is operated by the o.p no -1 through the said demat account. Since the o.p has demanded the amount from the complainant , the complainant has filed this case.

From the materials on record it appears that huge amount is remaining due to the o.p no-1 for which the o.p no-1 has demanded the said amount. Since this transaction took place with regard to  dealing in shares through the demat account as such this Forum lacks the jurisdiction to entertain the case as per the provision u/s 2(1)(d) of C.P Act, therefore  we hold that the case filed by the complainant is not maintainable and the same is dismissed in limini.

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
[HON'BLE MR. Sk. Abul Answar]
MEMBER
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER

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