Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:
(1) Appellant is not present. He failed to take steps as per the direction dated 17th November, 2011. In the circumstances, we proceed further to consider this old appeal for admission.
(2) This appeal takes an exception to an order dated 22.07.1999 passed in Consumer Complaint No.256/1995, B.V. Mirza V/s. Reliance Industries Ltd., by the District Consumer Disputes Redressal Forum, South Mumbai (‘the Forum’ in short).
(3) The deficiency as per the statement made in the complaint is in respect of Bank where the cheque was presented but could not honour on process since it was a post dated cheque. It is the grievance of the Complainant that instead of representing the cheque after the maturity of the said cheque, Bank kept said cheque with it for four months and thus he lost an opportunity to get three equity shares of Opponent – Reliance Industries Ltd offered to him at the price of Rs.70/- per share. Thus, obviously, if at all there is any deficiency, it could be inferred only against Bank and not against the Opponent - M/s.Reliance Industries Ltd. The Bank is not a party. Therefore, the ultimate dismissal of the complaint by the District Forum cannot be faulted with. There is no reason to admit the appeal. Holding accordingly, we pass the following order:
O R D E R
(i) Appeal is not admitted and rejected accordingly.
(ii) No order as to costs.
Pronounced on 3rd February, 2012.
