SANJAY GUPTA Vs. SHIKHA JINDAL

JUDGEMENT

(1.) the appellant deals in sales and purchase of shares. The complainant agreed to sell 200 shares and the respondent agreed to purchase the below mentioned shares: (i) 100 shares of M/s. Orchid Chemicals, Share certificate No.1003 @ Rs.110.40 paise amounting to Rs.11,040/-. (ii) 100 shares of M/s. Hardilla Unimers Ltd. Share Certificate No.0101223 @ Rs.22.10 per share amounting to Rs.2,210/-. The complainant delivered the original share certificates along with transfer deeds to the appellant on 28.1.1994 and 31.1.1994. The appellant did not make the payment to the aforesaid shares to the complainant on the ground that it was her father who had been dealing with the O. P. in regard to sale and purchase of some other shares. It is hardly a ground to refuse payment of the shares sold by the respondent. The documents produced by the complainant show that the shares in question were delivered by the complainant to the appellant vide memo Nos.369 and 351. Even if the father of the complainant was dealing with the appellant, the appellant was not entitled to refuse the payment of the shares once those shares were sold by the complainant. Every transaction is an independent transaction and is, therefore, to be dealt with independently. It is a clear cut case of delay in making the payments of the shares sold by the complainant which amounts to deficiency in service. The District Forum rightly directed the appellant to pay a sum of Rs.13,250/- along with 9% interest to the complainant towards sale proceeds of her shares. In view of the foregoing reasons we do not find any ground for interference. Appeal is dismissed in limine. Appeal dismissed.