TATA TIMKEN LTD Vs. V JAYALAKSHMI

JUDGEMENT

(1.) THIS Revision Petition has been filed by M/s. Tata Timken Ltd. challenging the legality of the orders passed by the State Commission, Madras and the District Forum, Madras directing the Revision Petitioner Company to allot a specified number of partly convertible debentures to the complainant in the case (the respondent herein).

(2.) THE facts in brief are that the complainant had applied for allotment of 100 shares and 20 partly convertible debentures in the Revision Petitioner Company (hereinafter called 'Company') in response to an advertisement issued by the Company and remitted an amount of Rs. 1000/-. The Company sent a communication dated 12.11.1991 to the Complainant that they were alloting 20 partly convertible debentures and turning down her request for allotment of 100 shares. The complaint was filed alleging that despite the aforesaid communication stating that 20 partly convertible debentures were being allotted to the complainant, the Company had failed to make such allotment and hence they should be directed to allot the debentures in question to the complainant and also pay a sum of Rs. 1,000/-by way of compensation. The Company failed to appear before the District Forum on the date on which the case was taken up for consideration and hence the District Forum passed an ex-parte order directing the Company to pay a sum of Rs. 1,000/-by way of compensation to the complainant together with an amount of Rs. 300/- by way of cost. It did not direct the Revision Petitioner Company to allot 20 partly convertible debentures to the Complainant.

(3.) THE Company has come up in Revision before this Commission challenging the orders passed by the District Forum and the State Commission, Madras. The main contention urged of the Revision Petitioner is that the complainant is not a consumer at all and the order passed by the District Forum, Madras as well as the order passed by the State Commission in granting reliefs to her be set aside and the complaint before the District Forum, Madras be dismissed.