West Bengal

Kolkata-I(North)

CC/10/384

Kiran Jain - Complainant(s)

Versus

The Manager, Karvy ComputersSystem Pvt. Ltd. and another - Opp.Party(s)

18 Mar 2013

ORDER

Consumer Disputes Redressal Forum,
Unit-I, Kolkata
http://confonet.nic.in
 
Complaint Case No. CC/10/384
 
1. Kiran Jain
9, Rawdon Street, Kolkata-700017.
Kolkata
West Bengal
...........Complainant(s)
Versus
1. The Manager, Karvy ComputersSystem Pvt. Ltd. and another
16, Jatin Bagchi Road, Kolkata-700029.
Kolkata
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Sankar Nath Das PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 HON'ABLE MRS. Smt. Sharmi Basu MEMBER
 
PRESENT:
 
ORDER

In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.

 

CDF/Unit-I/Case No.384 / 2010.   

 

1)                   Kiran Jain,

            9, Rawdan Street,

            17, Udayachal Building, Kolkata-17.                                                                    ---------- Complainant

 

---Versus---

1)                   The Manager,

            Karvy Computer Shares Pvt. Ltd.

            16, Jatin Bagchi Road, Kolkata-29.

 

2)                   Pramila Jain,

9, Rowdon Street,

Kolkata-17, P.S. Park Street.                                                                             ---------- Opposite Parties

 

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt. Sharmi Basu, Member

                                        

Order No.   21    Dated  18-03-2013.

 

            The case of the complainant in short is that complainant purchased 60 shares of Reliance Industries Ltd. being distinctive No(s) 467443280-467443309, 1342601708 to 1342601737 from Pramila Jain upon payment of Rs.1,26,000/- on 18.6.08.

            Complainant states that o.p. at first raised objection about transfer the said shares to complainant but o.p. n.2 on 10.11.08 filed a ‘DECLARATION’ form and states that she has no objection for transfer the said shares to complainant. Complainant then wrote a letter to o.p. no.1 on 11.11.08 and requested to o.p. no.1 for transfer the said shares to complainant.

            O.p. in response of the complainant’s letter dt.11.11.08 wrote a letter to complainant on 4.3.09 and directed the complainant to forward a court order for transfer the said shares to complainant. Complainant states that o.p. no.2 submitted a declaration form and stated that she has no objection for transfer the said shares to complainant, so the question of court order is not necessary and o.p. no.1 illegally harassed the complainant. Hence the case was filed by the 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 case has got no merit and the same is liable to be dismissed.

Decision with reasons: -

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that the complainant purchased 60 shares of Reliance Industries Ltd. as referred to above and it further appears from the record that o.p. first raised objection about transfer of the said share to the complainant, but o.p. no.2 on 10.11.08 filed a declaration form and stated that she has no objection for transfer the said shares to the complainant, but despite the same complainant has not got relief and such action on the part of o.ps. amounts to deficiency of service being service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against o.ps. O.ps. are jointly and/or severally directed to transfer the aforesaid equity shares being certificate nos.52205300-01, 55191597-98 to the complainant’s name and are further directed to pay to the complainant compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Complainant is at liberty to file execution case before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986.

            Supply certified copy of this order to the parties free of cost.

 
 
[HON'ABLE MR. Sankar Nath Das]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER
 
[HON'ABLE MRS. Smt. Sharmi Basu]
MEMBER

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