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. 376 / 2010.
1) Kiran Jain,
9-Rowdon Street, Kolkata-700017. ---------- Complainant
---Versus---
1) M/s. Karvy Computer Shares Pvt. Ltd.,
49, Jatin Das Road, Kolkata-700017, P.S. Lake.
2) Prem Lal Jain,
46A, Rafi Ahmed Kedai Road, 5th Floor, Kol-16, P.S. Park Street.--------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Memberx
Order No. 17 Dated 10/05/2012.
The instant case has been filed by the complainant with allegation of deficiency in service against the o.ps. within the purview and ambit of C.P. Act, 1986.
In a nutshell the case of the complainant is that o.p. no.1 is the Registrar and Share transfer agent of Reliance Industries Ltd. and o.p. no.2 is the seller of the shares. Complainant purchased 120 equity shares of Reliance Industries Ltd. for being Folio no.1234171 and bearing certificates number (s) are 52205304-305, 552033829 and 55203830 along with duly signed share transfer deed from the o.p. no.2 and each share value of Rs.10/- only on 18.6.08, total cost of Rs.2,52,000/-. Complainant then sent all the documents about shares with a letter to o.p. no.1 on 11.11.08 for transfer the aforesaid shares in her name but till the date they did not take any action for transfer of the aforesaid shares in her name. Thereafter, one Pramila Jain raised objection against transfer of the aforesaid shares to complainant and stated that a court is needed for transfer of the aforesaid shares. As per complaint, complainant purchased the aforesaid shares from the o.p. no.2 with duly filed and signed share certificates from the o.p. no.2, so, there is no locus standi to raised objection for transfer the aforesaid shares to complainant by third person. O.p. no.1 sent a letter to the complainant on 4.3.09 and directed her to forward a court order for transfer of the aforesaid shares to complainant. complainant has stated that he is a ‘consumer’ under the provisions to C.P. Act, 1986 and o.p. no.1 bound to transfer till aforesaid shares to complainant immediately and complainant has also stated that o.p. no.1 is liable to pay a sum of Rs.1000/- per day for delaying the transfer from the date of purchase of the aforesaid shares i.e. 18.6.08 and complainant has prayed for relief as mentioned in the complaint petition.
O.p. no.1 has entered its appearance in the case by filing w/v and denied all material allegations labeled against them and prayed for dismissal of the case. O.p. no.2 has not appeared in the instant case and case has been proceeded ex parte against o.p. no.2 and it appears to us that o.p. no.2 has virtually admitted the case of complainant.
Decision with reasons:-
Scrutinizing vividly all the documents brought before this Forum and hearing every nook and corner of the instant case from the complainant and o.p. no.1, it is observed that it is an admitted fact that complainant purchased 120 equity shares of Reliance Industries Ltd. vide Folio no.12341717 and bearing certificates numbers are 52205304-305, 552033829 and 55203830 along with duly signed share transfer deed from o.p. no.2 and each share is valued of Rs.10/- only on 18.6.08, amounting Rs.2,52,000/-. It is also pertinent from the document that the disputed 120 shares have been returned to complainant by o.p. no.1 under objection with a covering letter dt.22.7.08 (exhibit-I of w/v) and thereafter, o.p. no.1 through a letter dt.10.10.08 wherein the instant case o.p. no.1 is the agent of Reliance Industries Ltd. which has not been impleaded as o.p. in this case. Besides o.p. no.2 viz. Prem Lal Jain has not appeared in this case although he has been impleaded as o.p. no.2 who claimed the alleged share of the complainant to be his share.
In the context of the above, we are of the view that Reliance Industries Ltd. ought to have been impleaded as o.p. in this case in the absence of Reliance Industries Ltd. it is really hard to appreciate the matter in issue and such act on the part of complainant is highly fatal and irreparable.
Hence, ordered,
That the instant case stands dismissed on contest.
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MEMBER MEMBER PRESIDENT
