LAWS(NCD)-1995-9-38

AIR FRANCE CARGO Vs. PILLAIYAR EXPORTS

Decided On September 19, 1995
Air France Cargo Appellant
V/S
Pillaiyar Exports Respondents

JUDGEMENT

(1.) BRIEF facts of the case giving rise to this appeal are that the appellant applied for 500 equity shares of the respondent -Company vide application dated 22.4.92 alongwith cheque for Rs. 2,500/ -. The complainant received information about non -allotment but failed to receive the refund of Rs. 2,500/ -. He filed a complaint with D.F. -II after notice. The plea of the O.P. before D.F. was that refund order dated 3.7.92 had been sent at the correct address and the same had been encashed under signature of Ashok Kumar Gupta. The learned D.F. held that there was no deficiency in service and accordingly dismissed the complaint. Aggrieved by the order, the complainant filed this appeal.

(2.) MR . A.N. Gupta, Authorised Agent was asked whether the complainant could be considered a consumer in view of decision of the Supreme Court in Morgan Stanley Mutual Fund v. Kartick Dass, II (1994) CPJ 7 (SC). Mr. Gupta submitted :