M C S LTD Vs. HARI SINGH CHAUHAN

JUDGEMENT

(1.) M. C. S. Ltd. New Delhi through the U. T. I. has come up in appeal against the order dated 11.9.1997 passed by the learned District Consumer Forum, Sonipat, whereby the complaint of Hari Singh Chauhan alleging deficiency in service on the part of the appellant has been allowed by passing the following direction: "i have heard the complainant in person and his Counsel and of the view that when MEP certificates have matured on 1.4.1996, thereafter it is the sweet will of the complainant to repurchase or not. He cannot be compelled b the respondent because at the time of purchase of these certificates there was no condition between the parties that after the date of maturity the complainant has to repurchase the certificates. Accordingly, the complainant is entitled to Rs.20,000/- and interest from 1.4.1996 on which date the certificate had matured at the rate of interest of 12% per annum from the date 1.4.1996 till the date of recovery and Rs.2000/- as damages. Hence this complaint stands disposed of accordingly".

(2.) The short grievance of the complainant before the District Consumer Forum was that he had purchased MEP-93 Unit Certificates - total 100 units of Rs.10/- each - from M/s. M. C. S. Ltd. These MEP Units were to mature on 1.4.1996. Immediately after maturity, on 2.4.1996 the complainant intimated the opposite party that he was no longer interested in the repurchase of these certificates and the amount should be refunded to him. Despite that, the opposite party sent a communication dated 25.4.1996 asking the complainant to repurchase the certificates. However, the offer was declined by the complainant on 14.5.1996, but again after a month and a half the opposite party again wrote to the complainant on 25.6.1996 for the repurchase of these certificates. The complainant once again declined the offer and after waiting for one and a half month she approached the District Consumer Forum for refund of Rs.20,000/- alongwith interest with effect from 1.4.1996 and damages amounting to Rs.10,000/-.

(3.) Even though the opposite party was duly served and after service they did put in appearance but did not feel the necessity to contest the complaint, as a result whereof they were proceeded against ex parte. The complainant in order to substantiate the allegations made in the complaint filed his affidavit and after considering the matter the District Consumer Forum allowed the complaint with the aforesaid direction.