JAIRAM DAS DENGWANI Vs. DATAMATICS FINANCIAL SERVICES LTD

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 (hereinafter called the Act for short) is directed against the order dated 6.8.1999 in Complaint No. 581/1998 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short), dismissing the complaint of the complainant/appellant.

(2.) COMPLAINANT /appellant herein in his complaint under Section 12 of the Act averred that he purchased 2000 units of the Scheme Master Gain -2 floated by the respondent No. 1 in 1992. It was alleged that a draft of Rs. 20,000/ - drawn from respondent No. 2 -Central Bank of India, Main Branch, was sent for purchase of the said units. The complainant, however, did not receive the unit certificates from the respondent No. 1. The complainant intimated the respondent No. 1 about non -receipt of certificates but did not receive any response from it. Thereafter, the complainant went to Bombay and made inquiries from respondent No. 2. The complainant was informed about the details and particulars of the units allotted to him. The complainant specified the said particulars in para -2 of the complaint.

(3.) IT is further alleged by the complainant that since he did not receive the unit certificate, he had sent several letters as well as telegram to the respondent No. 2, but the same were not responded to by respondent No. 1. It was alleged that on 10.7.1998 the respondent No. 1 intimated the complainant that 800 units of the complainant are being transferred to another person. On receiving the said intimation the complainant by his letter dated 6.8.1998 again intimated the respondent No. 1 that he never received the unit certificate and that he has not transferred the said unit certificate to any other person. It was further averred by the complainant that on 6.9.1998 he received a letter dated 22.8.1998 from the respondent No. 1 in which the respondent No. 1 intimated the complainant that he should within 20 days submit the copy of the F.I.R. or a Court order. Thereafter, the complainant sent a legal notice dated 14.9.1998 to respondent No. 1 requesting it not to transfer the complainant s unit certificates in favour of any other person, with a further request to send him the unit certificates. The respondent No. 1 sent a reply dated 25.9.1998 in which the complainant was requested to send the detailed particulars of the units allotted to him. The complainant averred that the respondent No. 1 committed deficiency in service by not sending the unit certificates of the units allotted to him and in transferring the units to some other persons. The complainant, therefore, prayed that the respondent No. 1 be directed to deliver him the unit certificates of the 2000 units purchased by him and compensation of Rs. 22,000/ - be also awarded to him.