LAWS(NCD)-2012-1-24

DWARKA DHEESH INVESTMENT Vs. N K BHATIA

Decided On January 06, 2012
DWARKA DHEESH INVESTMENT Appellant
V/S
N.K.BHATIA Respondents

JUDGEMENT

(1.) In the present revision petition there is challenge to order dated 6.7.2011 passed by the State Consumer Disputes Redressal Commission, Delhi (for short as State Commission). Vide impugned order, State Commission has dismissed the appeal on the ground of limitation as there was delay of 122 days in filing of the appeal.

(2.) Brief facts of this case are that respondent no.1/complainant gave two account payee cheques drawn for an amount of Rs.60,000/- and Rs.50,000/- respectively, for purchasing 1000 shares of Hotel Leela and 400 NTPC. Since respondent had no trading account with the company, hence shares were to be purchased in some other account and were to be transferred to his demat account.

(3.) Respondent did another transaction with petitioner/OP-1 and he wanted to sell his shares through petitioner and deposited the shares in the demat account as required by the petitioner. As per respondent, total selling price of those shares comes out to Rs.2,17,210/- as per price quoted on those dates. The grievance of respondent is that, he was neither given shares for which he had given two cheques amounting to Rs.1,10,000/- nor he has been paid Rs.2,17,210/- as the sale proceeds of the shares. Hence he is entitled to receive Rs.3,27,210/- from the petitioner.