Judgment : Dt.15.2.2018

Mrs. Balaka Chatterjee, Member

            This petition of complaint is filed under section 12 of   C.P.Act, 1986 by Suranjan Mondal alleging deficiency in service on the part of the opposite party namely Sri Animesh Das.

            Case of the Complainant in a nutshell is that he purchased a Bond by depositing Rs.8,000/- with the opposite party under certain terms and conditions. It is stated by the Complainants that he was told by the OP that the refundable amount will be Rs.16,000/- after six years and also the amount will be refundable at that time and accordingly after expiry of six years/ the prescribed time he has approached the OPs for disbursement of the said amount but the OP did not respond to that effect accordingly the Complainant has prayed for direction upon the OPs to disburse Rs.16,000/- towards maturity amount and to pay Rs.10,000/- towards compensation.

            Notice was served upon the opposite party but the opposite prty did not turn up so the case was fixed for ex-parte hearing vide Order No.6 dt.8.01.2018.

Decision with reasons

            On perusal of the photocopy of the said Bond that an amount of Rs.8,000/- was received and accordingly the receipt was issued towards application for allotment of “redeemable preference share ………………”. However, share related dispsute is not maintainable under the C.P.Act since the Hon’ble National Consumer Disputes Redressal Commission held in Vimal Rao Saheb Chougule VS Stock Holding Corp. of India & Ors [reported in iv (2013) CPJ 34(NC)] that allegation related to share not a consumer dispute.

and, therefore, the instant case should be dismissed being not maintainable.

            Hence,

ordered

that CC/604/2017 is dismissed ex-parte being not maintainable.

                   Complainant is at liberty to file this case before any appropriate Court of Law.