L.S. MIRA Vs. PREMIER PROTEINS LTD.

JUDGEMENT

(1.) CASE called out. None responds for either of the two parties. The instant appeal being of the year 1994 is taken up for decision on merit.

(2.) THE judgment dated 1.3.1994 of the District Consumer Forum, Kanpur Nagar has been subjected to challenge by the appellant/ complainant on the ground that his complaint has been wrongly rejected on the ground of delay, in remitting his money, being natural. The complainant filed his complaint with the averments that he had moved an application for allotment of 100 shares and along with the said application enclosed a cheque for Rs. 1,000.00. Admittedly, shares were not allotted to him as his name could not figure in the list of successful candidates of share holders. Whereas the complainant pleaded that the amount of Rs. 1,000.00 was received by him 112 days after, the respondent pleaded that the refund voucher had been despatched on 19.3.1992 i.e., within 10 weeks. The complainant could not rebut the specific averment of M/s. Premier Proteins Ltd. that the refund voucher dated 19.3.1992 had been despatched in time. Also the complainant did not dispute the contention of the aforesaid Company that the refund voucher of the above date was received by him. In this way the remittance of the money of the Company was well within the stipulated time. Therefore, there is no question of awarding any damages. In the result, this appeal fails and is hereby dismissed. Appeal dismissed.