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. 182/2012.
1) Sri Purna Chandra Samai,
38, Hem Chandra Street, Khidderpore,
P.S. Watgunge, Kolkata-23 and
Village – Khorai, P.S. Bhemua, P.S. Sabang,
Dist. West Medinipur, Pin-721155. ---------- Complainant
---Versus---
1) M/s ICICI Investor’s Services Ltd.
1, SERV House, Visheswar Nagar Road,
Gorega (East), Mumbai – 400063 and
Regd. office at ICICI Bank Ltd.
Race Course Circle, Alakapur, Vadodara – 390007.
2) ICICI Bank Ltd.
2B, Gorky Terrace, P.S. Park Street, Kolkata-17. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 13 Dated 16-08-2013.
The case of the complainant in short is that complainant bought 200 equity shares and transferred it in his name and enjoyed the dividend till 1996-97. Complainant states that the unfortunate part of the episode took place on the very same date on his way to BBD Bag when the complainant found that the policy bag in which the complainant was carrying the said certificates along with the transfer deed was missing and/or misplaced somewhere in the place of his halt during his journey. The complainant made strenuous searches to trace out the share certificates and the transfer deed, but all his endeavour ended in failure and ultimately he could not regain the certificates although the complainant made enquiry and searches to the halting spots where he drank tea and met other persons for business transactions. The complainant became extremely disheartened at the incident which caused a serious loss.
Complainants having failed to find out the certificates and the documents of transfer of share lodged a diary with the Watgunj P.S. narrating as G.D. Entry no.1796 dt.25.7.1997, Watgunge P.S. In spite of making the missing diary the share certificate could not be traced out.
Complainant then intimated the o.ps. stating that the said 200 equity shares issued and allotted in favour of the complainant were lost on transit and a missing diary has been lodged with the local police station. As such, the complainant earnestly requested the o.ps. not to transfer or any transaction in respect of the said shares with any 3rd party stranger except the complainant. The particulars of the shares were also communicated to the o.ps. forthwith as immediate possible measure. The o.ps. received and recorded the complaint of the complainant and in reply advised the complainant to obtain an order of restraint from any competent court of law so that the o.ps. may be well-equipped with a legal shield. The o.ps. allowed the complainant only 21 days time to furnish a prohibitory order against transfer of schedule share in favour of any 3rd party stranger from a competent court of law. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps. 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.
Decision with reasons:
We have gone through the materials on record thoroughly. It appears from the record that on the self same cause of action a Title Suit no. 255/97 was filed in the court of Civil Judge, Jr. Div., Alipore (5th Court) and the matter was dismissed on merit in favour of the Opposite Party vide judgement dated 17/02/2012.
In view of the above position this case in our view is, barred by Principle of Res-judicita and cannot be entertained afresh.
Hence
Ordered
That the case is dismissed since barred by the Principle of Res-judicita.
