NCDRC

NCDRC

RP/3515/2007

PUNJAB NATIONAL BANK - Complainant(s)

Versus

RAJESH KUMAR SHARMA - Opp.Party(s)

MR. S.K. PRUTHI

29 Nov 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3515 OF 2007
 
(Against the Order dated 17/08/2007 in Appeal No. 1615/2003 of the State Commission Delhi)
1. PUNJAB NATIONAL BANK
HEAD OFFICE AT 7,
BHIKAJI CAMA PLACE,
NEW DELHI
...........Petitioner(s)
Versus 
1. RAJESH KUMAR SHARMA
F-25, KIRTI NAGAR,
NEAR DARAWAL BHAWAN
NEW DELHI - 110 015
2. M/S. RADICO KHAITAN FINANCE LTD.
D-194, 1ST FLOOR, DEFECNE COLONY,
NEW DELHI -
DELHI
3. M/S. MAS SERVICES PVT LTD.
AB - 4, SAFADARJUNG ENCLAVE,
NEW DELHI
DELHI
4. SECUITIES EXCHANGE BOARD OF INDIA
DEPTT. OF POLICY & SUPERVISION (II) H.O. MITTALL COURT, " B" WING, 1ST FLOOR 224, NARIMAN POINT,
MUMBAI - 400 021
MAHARASTHRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. Navneet Sharma, Advocate.
For the Respondent :
In person.

Dated : 29 Nov 2011
ORDER

Petitioner was the opposite party before the District Forum. Respondent/Complainant was holding a D-Mat account No. 10016197 with the Petitioner bank. He submitted 900 share certificates of Radico Khaitan Finance Ltd. for dematerialisation on 25.09.2001 for which custodial and mailing charges had been charged by the Petitioner. Shares were not credited to the account of the Respondent in spite of several visits and requests. Being aggrieved Respondent filed the complaint before the District Forum. Petitioner in spite of service did not appear and was proceeded ex-parte. As the facts stated in the complaint remained uncontroverted District Forum allowed the complaint and directed the Petitioner to either return the shares to the Complainant or credit the same to his D-Mat account. Rs. 2000/- were awarded by way of costs. Petitioner filed the appeal before the State Commission taking the stand that the Petitioner had never been served. That the order of the District Forum was liable to be set aside as no opportunity had been provided to the Petitioner to defend itself. Another objection taken was that the complaint was liable to be dismissed for non-joinder of necessary parties i.e. Radico Khaitan Finance Ltd. and share transfer agent M/s Mas Services Pvt. Ltd. State Commission dismissed the appeal by observing:- The perusal of the impugned order shows that the notice of the complaint was sent to the respondent but nobody appeared on his behalf. As regard, non-impleadment of aforesaid parties, there was no contract of service between them and respondent-1. Shares certificates were submitted with the appellant for dematerialisation and it was the appellant who charged custodial and mailing charges as service charges. The Petitioner did not place any material before the State Commission to show that it had not been served before the District Forum. Notice of the complaint was sent to the Petitioner but no one appeared on its behalf. District Forum allowed the complaint as the facts stated in the complaint duly supported by the affidavit of the complainant remained uncontroverted. We do not find any infirmity either in the order of the District Forum or in the order of the State Commission. No merits. Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.