BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri K.V.H.Prasad, President
And
Smt.C.Preethi, Member
Thursday the 8th day of March, 2007
C.C. No.14/2007
S.A. Zaleel, S/o. S.A.Latheef, aged 63 years, Muslim, Retd., Sub-Treasury Officer,
House No.87/1092 in plot No.15, Ganesh Nagar-II, Kurnool-A.P. …Complainant
-Vs-
1. The Branch Manager, Sri. Raghavendra Rao of Apollo Sindhoori Capital Investments Ltd.,
Abdullah Khan Estate, Opp.Zilla Praja Parishad, Kurnool.
2. The Managing Director, Apollo Sindhoori Capital Investments
Limited, Ali Towers, M Floor 55 Greams Road, Chennai-600 006.
3. The Managing Director,M.C.S. Limited, Sri. Venkatesh Bhavan, Plot No.27,
Road No.11, M.I.D.C. Andheri (East), Mumbai - 400 093. …Opposite parties
This complaint coming on this day for orders in the presence of Sri.
G. Nagaraju, Advocate, Kurnool for complainant, and opposite parties No.1,2,&3 called absent set exparte and stood over for consideration till this day, the Forum made the following:-
ORDER
(As per Smt. C. Preethi, Member)
1. This consumer complaint of the complainant is filed U/S 11 & 12 C.P. Act., 1986 seeking a direction on the opposite parties to refund Rs.6,600/- deposited towards allotment of 40 shares of Royal orchid Hotels Limited, Bangalore with 18% interest per annum, Rs.10,000/- towards compensation for mental agony, Rs.2,000/- costs of this complaint and any other relief or reliefs which the complainant is entitled in the circumstances of the case.
2. The brief facts of the complainant’s case is that the complainant being attracted by the advertisement of M/s. Royal Orchid Hotels Limited, Bangalore applied for 40 shares of Rs.165/- each by way of demand draft drawn on Syndicate Bank E.C,Rythu Bazzar, C.camp Kurnool for an amount of Rs.6,600/- on 13-01-06 and same was handed over along with application to opposite party No.1 and opposite party No.2 has to forward the same to the concerned company for enabling the complainant to get the allotment of shares. The opposite parties No.1&2 have sent the application to Royal Orchid Hotels and the issue was opened on 12th and closed on 17th January, 2006 but the complainant was not allotted shares even after a lapse of one year. Therefore, the complainant approached opposite party No.3 who is registrar to the issue and jointly responsible for collecting such information to see that the said amount to be reimbursed to the complainant but he could not do the needful and the opposite parties failed either to refund or to provide information with regard to the allotment of shares of R.O.H.L. The complainant on 14-04-06 received a letter from opposite party No.3 dt:14-04-06 requiring certain information and the complainant replied on 24-04-06 complying the required formalities but no action was taken and thereafter on 12-07-06 the complainant issued a remainder letter to opposite party No.3 and a lastly the government investigating agency i.e., securities and exchange board of India interfere and there was no result and the complainant was constraint to approach this forum for redressal.
3. The complainant in substantiation of his case relied following documents viz:(1)xerox copy of application for applying for shares along with xerox copy of D.D.No.078196 for Rs.6,600/- dt:13-01-06 (2)office copy of demand letter dated:27-02-06 of complainant addressed to opposite party No.3 along with postal receipts and acknowledgement (3)reply of opposite party No.3 to the complainant dated:14-04-06 (4)letter dt:24-04-06 of complainant in response to Ex.A3 (5)letter dated:12-07-06 of complainant addressed to opposite party No.3 along with certificate of posting (6)office copy of letter dt:12-07-06 of complainant addressed to opposite party NO.2 (7)letter dt:18-09-06 of S.E.B.I addressed to the complainant and (8) Eenadu Paper cutting dt:
19-01-07, besides to the sworn affidavit of the complainant in reiteration of his complaint averments and the above documents are marked as Ex.A1 to A8 for its appreciation in this case.
4. In pursuance to the notice of this forum as to this case of the complainant the opposite parties did neither appeared nor contested the case and remained absent through out case proceedings.
5. Hence, the point for consideration is to what relief the complainant is entitled alleging deficiency of service:?
6. It is the case of the complainant that he applied vide Ex.A1 for 40 shares of Rs.165/- each of Royal Orchid Hotels, Limited Bangalore by paying Rs.6,600/- vide D.D.No.678196, on 13-01-06 and the said application (Ex.A1) was submitted to opposite party No.1 in order to forward the same through opposite party No.2, to the concerned, company i.e., Royal Orchid Hotels Limited, Bangalore. The said hotel opened its issue on 12-01-06 and closed on 17-01-06 & no shares were allotted to the complainant. Thereafter, the complainant has sent a letter dated:
27-02-06 vide Ex.A2 addressed to opposite party No.3, same grievance such as none issual of shares and requests for return of Rs.6,600/- cost of the shares, the opposite party No.3 replied vide Ex.A3 requesting to furnish correct 8 digit application number and the complainant vide Ex.A4 furnished the said requirements by sending a xerox copy of application along with 8 digit application number. As there was no respond from opposite party No.3 the complainant once again vide Ex.A5 issued a remainder letter dated:12-07-06 requesting to send refund order of Rs.6,600/- otherwise there is no option except to knock the doors of law.
7. The Ex.A6 is a letter dated:12-07-06 of complainant addressed to opposite party No.2 stating that as shares are not allotted to him and he request to send refund order for Rs.6,600/-. The Ex.A7 is the letter dated:18-09-06 of Securities and Exchange Board of India, its says that S.E.B.I. will ,make every effort for redressal and further says that the complainant has right approach a court of law to seek redressal. The Ex.A8 is the Eenadu paper cutting dated:17-01-07.
8. All the above material any uni-tone on says that the complainant was neither allotted shares nor the share amount of Rs.6,600/- was returned to win. The complaint averments, sworn affidavit averments, and the Exhibits A1 to A8 are not disputed by the opposite parties by remaining absent through out case proceedings inspite of service of notice. Hence, they stand un rebutted and they did not dispute the facts and there appears every bonafidies in the claim of the complainant.
9. To sum up, the above discussions, the above conduct of opposite parties in not returning the share amount is certainly amounting to deficiency of service to the complainant and the complainant is remaining entitled to the reliefs sought.
10. In the result, the complaint is allowed directing the opposite parties No.1 to 3 jointly and severally to pay Rs.6,600/- to the complainant with 9% interest from the date of application of shares i.e., 13.01.06 till realization along with costs of Rs.500/- with in a month of receipt of this order. In default the opposite parties are liable to pay the supra awarded amount with 12% interest per annum from the date of default till realization.
Dictated to the Stenographer transcribed by him, corrected and pronounced in the Open bench on this the 8th day of March, 2007.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant:Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1 xerox copy of application for purchase of shares along with xerox of
D.D. No.078196 for Rs.6,600/- Dt:13-01-2006.
Ex.A2 Office copy of Demand letter, Dt:27-02-2006 addressed to opposite
party No.3 along with postal receipts and acknowledgment.
Ex.A3 Reply of opposite party No.3, Dt:14-04-2006.
Ex.A4 Letter, Dt:24-04-2006 of complainant in response to Ex.A3.
Ex.A5 Letter, Dt:12-07-06 of complainant addressed to opposite party No.3
along with certificate of posting.
Ex.A6 office copy of letter, Dt:12-07-2006 of complainant addressed to
opposite party No.2.
Ex.A7 Letter, Dt:18-09-2006 of securities and Exchange Board of India
addressed to complainant.
Ex.A8 Eenadu paper cutting, Dt:17-01-07.
List of exhibits marked for the opposite parties:-Nil
MEMBER PRESIDENT
Copy to:-
1. S.A. Zaleel,S/o. S.A.Latheef, aged 63 years,Muslim, Retd., Sub-Treasury
Officer,House No.87/1092 in plot No.15,Ganesh Nagar-II, Kurnool-A.P.
2. Sri. G. Nagaraju, Advocate, Kurnool.
3. The Branch Manager,Sri. Raghavendra Rao of Apollo Sindhoori Capital
Investments Ltd.,Abdullah Khan Estate, Opp:Zilla Praja Parishad,
Kurnool.
4. The Managing Director, Apollo Sindhoori Capital Investments Limited,
Ali Towers, ‘M’ Floor 55 Greams Road,Chennai-600 006.
5. The Managing Director,M.C.S. Limited, Sri. Venkatesh Bhavan, Plot
No.27,Road No.11, M.I.D.C. Andheri (East), Mumbai – 400 093.
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
