DATTATRAYA ANANT KULKARNI Vs. CHAIRMAN RELIANCE INDUSTRIES LTD

JUDGEMENT

(1.) Being aggrieved by the judgment and order of dismissal passed by Addl. District Consumer Disputes Redressal Forum Pune in consumer complaint No.757/2001 decided on 26/10/2007, org. complainant has filed present appeal.

(2.) The case of complainant before the Forum below was that he had applied for Reliance Polythelene Ltd. (RPEL) and Reliance Polypropylene Ltd. (RPPL) equity shares and debentures floated by Reliance Industries Ltd. in the month of November 1992 for 600 number of shares and 600 number of debentures for both issues and paid Rs.9,000/- for each issue. RPEL issued 100 shares/600 debentures and RPPL issued 700 debentures. According to the complainant, 100 RPEL shares were not enclosed along with 600 debentures and RPPL disbursed only 700 debentures to the complainant and no allotment letters were enclosed. Therefore, complainant was unable to make balance payment of allotment money. Complainant wrote several letters, but Company did not respond to the complainants letters. Therefore, according to the complainant, even after payment of entire call moneys in time, O.Ps. did not convert debentures into the shares and redeemed the amount of Rs.10,593/- of RPPL and Rs.5,190/- of RPEL on 18/08/1994. Complainant thereafter also personally visited O.Ps. But, all the efforts went in vain. Therefore, complainant filed consumer complaint before the Forum below for deficiency in service.

(3.) O.Ps. filed their written statement and denied the allegations of the complainant in toto. According to the O.Ps. complainant is not a consumer within the meaning of Section 2(1)(d) of Consumer Protection Act, 1986. O.Ps. further contended that claim of the complainant is hopelessly time-barred. Transaction of the complainant with said O.Ps. took place in the year 1995 and complainant has filed complaint in the year 2001 i.e. after six years which is hopelessly time-barred and O.Ps. finally prayed for dismissal of complaint.