BAIDYANATH MONDAL Vs. KANAHAYA LAL RATHI

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Sec. 21(b) of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, West Bengal, Kolkata (hereinafter referred to as the "State Commission") in Appeal No.463/2014 dtd. 19/7/2016 whereby the Appeal filed by the Complainant was dismissed.

(2.) The Revision Petition has been filed with a delay of 116 days. For the reasons stated in the application and in the interest of justice, the delay is condoned.

(3.) Case of the Complainant/Petitioner is that he purchased 2000 equity shares of Aravinda Remedies and 200 equity shares of Reliance Power Ltd. by making payment of Rs.13,700.00 and Rs.49,400.00 respectively. The Opposite Party delivered 1000 shares of Aravinda Remedies instead of 2000 shares amounting to Rs.6,850.00 leaving a refundable amount of Rs.6,850.00. Further, the Opposite Party delivered 200 shares of Reliance Power Ltd. amounting to Rs.47,440.00 leaving a refundable amount of Rs.1,960.00. When the Complainant enquired about his Demat Account, he came to know that 200 shares of Reliance Power Ltd. were transferred to the account of Ureka Stock and Share Broking Services without intimation to the Complainant. The Opposite Party also did not make payment of Rs.27,480.00 being the differential price of the shares which were credited to the Demat account of the Complainant. Aggrieved by non-refunding of the aforesaid amount by the Opposite Party, the Complainant filed Consumer Complaint No.72/2011 before the District Forum with the following prayer: -