M/S. NIRMA LTD. NIRMAN HOUSE, ASHRAM ROAD AHMEDABAD Vs. KESHAV DEV MAHESHWARI & ORS. MOHALLA TABELA, HATHRAS CITY ALIGARH UTTAR PRADESH

JUDGEMENT

(1.) - This revision petition has been filed under Sec. 21 of the Consumer Protection Act, 1986 against the impugned order dated 30.4.2010, passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (hereinafter referred as State Commission) in Appeal No.1717 of 2001- M/s. Nirma Ltd. Vs. Keshav Dev Maheshwari , by which, while dismissing the appeal, the order dated 18.6.2001, passed by the District Forum, Hathras (UP) in C.C. No.581/1995, was upheld.

(2.) Briefly stated, the facts of the case are that respondent No.1/complainant -Keshav Dev Maheshwari (since died) filed the consumer complaint No.581/1995 before the District Forum, stating that he sent an application no.0392617 for the allotment of 100 shares of the petitioner company by enclosing therewith an amount of Rs. 5,500.00, after purchasing stock invest from the OP-3, Canara Bank. The said application was sent to OP-2, Oriental Bank of Commerce in the account of the Registrar, Mondekar Computer Pvt. Ltd., Andheri (West), Mumbai. It was the responsibility of the Registrar to allot shares to the applicant within 60 days or return the stock invest of the equal amount to the applicant. It was stated that the shares were allotted to complainant and sent to him on 29.3.1994, but the complainant did not receive the said shares. The complainant received a letter on 27.8.1994 from Mondekar Computer Pvt. Ltd. and on the basis of that, he sent an indemnity bond to the Registrar on stamp paper of Rs. 100.00 on the prescribed proforma. After long correspondence, a letter was received from the petitioner Nirma Ltd. dated 16.2.1995, vide which, they sought some more information from the complainant which was sent vide letter dated 23.2.1995, but despite that, the complainant did not receive the shares in question. The complainant vide the consumer complaint sought directions to the petitioner/opposite party to send shares as allotted to him.

(3.) The District Forum, Hathras after taking into account the contention raised by the parties, allowed the said complaint vide order dated 18.06.2001, and directed the petitioner/opposite party to allot and provide the said equity shares to him within a period of 60 days.