Both parties file hazirah. The complainant files an application on the ground stated therein. Let the same be kept with the record.
Today is fix for passing order. In respect of the application dated 27.06.2022 filed on behalf of the O.P No. 2 who challenging the complaint case as not maintainable.
The case is taken up for passing order as to whether the case is maintainable according to the provisions of the Consumer Protection Act 2019 or not.
By filing that application the O.P No. 2 has stated that they have filed written version in this case and has challenged the maintainability of the case on the ground that the complainant has no locus standi to file the case against the O.P/ The relief cannot be granted under section 39 of the Consumer Protection Act which the complainant sought for/ the contents of the complainant is vague and there is allegation of deficiency in service on the part of the O.P. and relief claim in the petition are not within the domain of NSE as per provisions of SEBI Act, 1992 and security contract regulation 1956.
On the date of hearing of the petition Ld. Advocate of The OP No. 2 pointed out that, the complainant downloaded broking mobile app and open account for earning monetary gain by way of commercial transaction. It was further pointed out that. The complainant is not a consumer as per the provisions of section 2(7) of the Consumer Protection Act and the complainant is a businessman. It was further pointed out that the prayer of the complainant is not implementable/Complainant has chosen the wrong forum and this Consumer Commission is not the appropriated body towards redressal of any of the grievances of the Complainant.
The complainant has raised objection against the maintainability application of the OP No 2 the complainant has stated that, he has sufficient case against the opposite parties and only to harass him the OP No 2 has filed the application without having any locus standi. The complainant praying for rejection of the application filed by the OP no. 2.
Having heard the Ld. Advocate of the both the sides and on perusal of the entire record it reveals that the complainant has filed this case against the Opposite parties praying for necessary order for opening 784 branch offices of Stock Exchange and to reduce listing companies.
The complainant is also praying for necessary order for separating the public share trading and promoter shares trading and also praying for an arrangement to sale IPO from stock exchange and stop listing system etc.
Having heard the Ld. Advocates of both the sides and on perusal of the maintainability application, objection filed by the complainant we are of the view that foremost question to be decided in this case is as to whether the complainant is a consumer or not within the meaning of Consumer Protection Act 2019 and whether the complainant has sufficient cause to file the complaint and whether the complainant has made out his case against the opposite parties and the relief claims in the prayer of the complainant is justified according to the provisions of Consumer Protection Act. 2019
From perusal of the contents of the complaint as well as its prayer portion it reveals that not only the contents but also the prayer of the complainant are vague, frivolous and not according to the provisions of Consumer Protection Act. Most of the prayer of the complainant is based on government policy related and whether the Government authority will open 784 branch offices of Stock Exchange or not that is not the look out of this Consumer Commission which is entirely Government Policy related matter and the same are deals with other specialized act likes SEBI Act 1992 and other acts.
Considering all we are of the view that the complainant has not been able to substantiate that he had cause of action of action to file this case against the opposite parties and this Consumer Disputes Redressal Commission is not the proper forum for redressal of the grievance put forwarded by the complainant.
In view of the above complaint filed by the complainant is dismissed being not maintainable.