Today is fixed for hearing of the Ld. Advocate on the Point as to admissibility of the complaint. We have heard the Ld. Advocate of the complainant and perused the materials available on record.

The complainant purchased debenture worth Rs-21, 00,000/- on 22.08.2012 and on 14.09.2012. Those debentures were redeemable on 22.08.2021and 14.09.2021. But due to need of money the complainant wanted to obtain premature value of those debentures with interest, but could not do it for which he has filed this case for refund and other relief.

It is quite clear that only to make profit the complainant purchased those debentures .As opined by the Hon’ble National Commission in the case between Shri Chandra Shekhar  Mishra Vs Indiabulls Securities Ltd. and others, the Consumer Protection Act does not cover the cases where the complainant is engaged  in trading shares. In other words a share holder cannot be a Consumer. The judgement passed by the Hon’ble State Commission on 27.12.2019 which has been relied upon in support of the case can’t override the judgement of the Hon’ble  National Commission. After relying upon the aforesaid Judgement of the Hon’ble National Commission we find that the present case is not maintainable before this Commission.

Hence it is ordered that the complaint be and the same is dismissed.  

Dictated and Corrected by 

Hon’ble Mr. Lakshmi Kanta Das

President