IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.D.Krishnappa<br /> B.A., L.L.B - President<br /> <br /> <br /> 2. G.V.Balasubramanya<br /> B.E., LL.M - Member<br /> <br /> CC 264/06 DATED 27-12-2006<br /> <br /> Complainants 1.2. Shri S.A.Mohan.Smt Jayanthi Mohan, No.60, T.K. Layout, IV Stage, 2nd Main, Ist Cross, Mysore – 570 009.<br /> (INPERSON)<br /> Vs. <br /> Opposite Party The Welfare & Customer Care Officer – ONGC equity office, MCS Ltd., Sri Padmavati Building, Plot No.93, Road No.16, MIDC Area, Andheri (East), MUMBAI – 400093, Maharastra State. <br /> (EX-PARTE)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 25.09.2006<br /> Date of appearance of O.P. : EXPARTE<br /> Date of order : 27.12.2006<br /> Duration of Proceeding : --<br /> <br /> <br /> <br /> <br /> <br /> PRESIDENT <br /> <br /> MEMBER<br /> <br /> <br /> Sri. G.V.Balasubramanya,<br /> Member,<br /> <br /> 1. The Complainants applied to the Opposite party for allotment of shares of oil and Natural Gas Company (ONGC) vide application Nos.71983485 and 71983484 dated 04.03.2004. The complainants had paid Rs.30,000/- each for allotment of 40 shares under each application.<br /> 2. After a lapse of 4 months, the Opposite party rejected the applications of the Complainants on the ground of “under payment of application money” but refunded only Rs.28,000/- as against Rs.30,000/- paid under each application thus refunding Rs.2,000/- short on each application. The Complainants wrote a number of letters to the Opposite party seeking refund of the remaining amount but received no reply. The Complainants have prayed that the Opposite party be directed to refund Rs.4,000/-.<br /> 3. Notices were sent from the Forum twice and both notices were served on the Opposite party. But, no version was filed. Hence, he was placed ex-parte.<br /> 4. The only point that arises for our consideration is whether the complainants prove deficiency in service on the part of the Opposite party arising out of non-refunding of the application money?<br /> 5. From the copies of the documents submitted by the Complainants it is seen that they had applied for 40 shares each on 04.03.2004 by paying Rs.28,000/- at Rs.700/- per share. A week later (on 09.03.2004) they revised their bid to Rs.750/- per share and paid the balance of Rs.2,000/-. Copies of the confirmation of Allotment Note reveals that only Rs.28,000/- was refunded on each application.<br /> 6. The Complainants wrote a number of letters to the Opposite party seeking refund of the balance amount. The Opposite party wrote only one letter dated 10.07.2004 that shares were not allotted for “under payment of application money”. Even in this letter the amount paid by Complainants has been shown as Rs.28,000/- and not Rs.30,000/-. It is, therefore, obvious that Rs.4,000/- paid subsequently by the Complainants revising their bid has not been accounted by the Opposite party. The bid revision forms submitted by the complainants bear the rubber seal and initials of the receiving official of the member of syndicate. This proves receipt of Rs.4,000/- by the Opposite party towards bid revision. Hence, not refunding this amount to the Complainants amount to deficiency in service. With this observation, we proceed to pass the following order:- <br /> ORDER<br /> <br /> 1. Complaint is allowed.<br /> 2. The Opposite party is directed to refund Rs.2,000/- to each of the Complainants along with interest at 10% p.a. from 20.04.2004 until the date of payment, under separate cheques.<br /> 3. The Opposite party shall pay the Complainants cost of Rs.500/-.<br /> 4. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by him, transcript revised by us and then pronounced in the open Forum on this the day 27th December 2006)<br /> <br /> <br /> <br /> <br /> <br /> (D.Krishnappa) <br /> President <br /> (G.V.Balasubramanya)<br /> Member<br /> <br />