No. 4/04.11.2008

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant is present through Ld. Advocate.  Respondent enters appearance by filing Power through Mr. A. K. Acharya, the Ld. Advocate.  Appellant files BNA with a copy to the other side.

This appeal was filed against the judgement dated 20.06.2008 passed by Calcutta Unit – II in Consumer Complaint No. 458 of 2007 whereby the complaint was disposed of with direction that the O.P. to raise and send bill the Complainant within a period of 15 days from the date of the judgement which the Complainant was to comply within another 15 days from the date of receiving the bill and the O.P. was to return the shares in question to the Complainant and to pay compensation of Rs. 2,000/- to the Complainant within one month from the date of judgement failing which, execution proceeding could be started in accordance with law.  Heard the Ld. Advocate for the Appellant and the Ld. Advocate for the Respondent.  Contention of the Appellant is that shares could not be dematerialized as the Company was delisted by appropriate authority and the Appellant sent back the shares to the Complainant and the amount due to be paid by the Complainant to the Appellant was not paid.  The main contention of the Appellant is that the shares having been already sent back to the Complainant, the impugned order cannot stand.  In support of such contention the Ld. Advocate relied on the letter dated 18.04.2006 at Annexure ‘D’ to the Brief Written Argument filed before the Forum below as also the Acknowledgement Card showing service of the said letter on 19.04.2006 received by one Rashmi Kajaria.  On perusal of the said letter it appears that the Appellant stated therein that the shares had been sent to the Complainant on 12.05.2005 through First Flight Courier which was received by the Complainant on 13.05.2005.  But this document neither the letter dated 12.05.2005 nor the Acknowledgement Card of the First Flight Courier showing service of the said letter upon the Complainant, had been produced before the Forum below nor are being produced at the time of hearing of the appeal.  The contention of the Appellant is that the letter dated 18.04.2006 was never disputed by the Complainant.  But it appears the reference to the said letter even was not made in the Written Version filed by the Appellant before the Forum below.  Those relevant documents were not even produced before this Commission even at the stage of hearing.  Therefore, the contention of the Appellant that shares were sent to the Complainant on 12.05.2005 and were received by the Complainant on 13.05.2005, cannot be accepted as the same has not been proved in any acceptable manner.  In the circumstances we do not find any ground to interfere with the impugned order and the appeal fails and hereby dismissed.  There is no order as to cost.