GOUTAM DAS Vs. SUN PHARMACEUTICALS INDUSTRIES LTD

JUDGEMENT

(1.) Complaint was filed, inter alia, alleging that Dr. Krishna Das, wife of the complainant and also the complainant are doctors by profession. Dr. Krishna Das held 400 equity share of Rs.10/- each of opposite party No.1, the details whereof have been set out in para No.3 of the complaint. Vide letter dated 29.10.1994, opposite party No.1 informed Dr. Krishna Das of allotting certain additional shares. In April, 2000 Dr. Krishna Das and the complainant jointly acquired 800 equity shares of Rs.10/- each of opposite party No.1 as detailed in para No.5 of the complaint. Shares were held by both of them for personal investment. Dr. Krishna Das died on 29.10.2009. Alongwith the letter dated 12.12.2009, the complainant forwarded certificates of said 1200 equity shares to opposite party No.1 for getting them transferred in his name. Vide letter dated 30.12.2009 the opposite party No.1 intimated the complainant that against those certificates, duplicate shares have been issued in past. Those duplicate shares were transferred in the name of Jatindra Shukla in July 2007 which were subsequently dematerialized through Karvy Stock Broking Limited. It was claimed that the complainant never sold the shares. Direction was sought to be passed to the opposite parties to hand over the shares in question with bonus shares, pay dividend on them, pay interest as also compensation etc.

(2.) We have heard Shri A. K. Sil for the complainant on admission. In our view, complainant, a shareholder cannot be the consumer qua Sun Pharmaceuticals Industries Ltd.-opposite party No.1 within the meaning of Sec.2 (1) (d) (ii) of the Consumer Protection Act, 1986 and the present complaint is, therefore, not legally maintainable under that Act. Dismissed as such.