In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.285/2010
1) Tarit Bhattacharjee,
Jaffarpur Rifle Range Road,
P.O. Nonachandanpur, Pin-743102. --------------Complainant
---Versus---
1) The Andhra Valley Power Supply Co. Ltd.
Bombay House,
24, Homi Modi Street, Bombay-400001.
2) Tate Share Registry Ltd.
Army and Navy Building,
148, Mahatma Gandhi Road,
Fort, Mumbai-400001.
3) Tate Share Registry Ltd.
234/3A, A.J.C . Bose Road,
3rd floor, Kolkata-20,P.S. Bhawanipore. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 25 Dated 11/10/2012.
The petition of complaint has been filed by the complainant Tarit Bhattacharjee against the o.ps. The Andhra Valley Power Supply Co. Ltd. and others. The case of the complainant in short is that complainant applied for 41 numbers of equity shares of facer value of Rs.100/- each from o.p. vide application no.315 to 770 along with application fee / money of Rs.4100/- paid at Citi Bank, Tata Centre, Kolkata-20 since 1994. Complainant has stated that after receipt of application fees, o.p. no.1 duly allotted 41 numbers of shares but complainant did not receive the said shares certificate from o.p. no.1 till the date. Complainant wrote a letter to o.p. no.1 on 7.3.97, then o.p. sent a letter to complainant on 5.5.97 with two duplicate call money notice but o.p. did not send shares certificate to complainant. Complainant further wrote a letter to o.p. on 23.12.03 regarding the above subject, then o.p. issued a letter on 20.2.04 and directed complain ant to make the first and second call money payment for the 41 shares of face value of Rs.100/- of Andhra Valley and o.ps. also promised to that on receipt of the call money release the shares to complainant and also informed that, the aforesaid shares are now converted into Tata Power Co. Ltd. against 41 numbers of shares of Rs.100/- each. Thereafter, complainant issued two cheques of ICICI Bank and the two original call money notices to Tata Shares Registry but till date of filing the case, complainant has not received any communication nor received the share certificates from o.ps. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the instant case is not maintainable since the complainant has got no merit in this case and complainant also filed a case on the self same cause of action which is still pending before this Forum having C.C. No.760 of 1997.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant filed a petition dt.22.3.12 wherefrom vide para 1 we find that the o.ps. proposed a compromise before the Forum to release and issue 41 shares of Andhra Valley Power now converted into Tata Power Ltd. and ld. lawyer of o.,pos. in the course of argument admitted the said factum. Considered the submission of ld. lawyers of the parties.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to release and issue 41 shares of Andhra Valley Power now converted into Tata Power Ltd. in favour of complainant within 45 days from the dateof communication of this order and are further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
