INDIAN ACRYLICS LIMITED Vs. SANTOSH KUMAR MOR

JUDGEMENT

(1.) The opposite party No.1 has filed this appeal under Sec.15 of the Consumer Protection Act, 1986 (for short the 'act') against the order dated 20.9.1994 passed in case No.26/93 by the District Consumer Disputes Redressal Forum, Jabalpur (for short the 'district Forum' ).

(2.) The opposite party No.1 (O. P.1) is a registered Company under the Companies Act, 1956 while the opposite party No.2 is a Private Limited Company, the authorised agent of opposite party 1. The two share holders of the opposite party 1 viz. Aditya Sethi and Anand Kumar Jain transferred their 200 shares of the face value of Rs.10 to the complainant. The shares for registering the transfer of the shares was received by opposite party 1 on 14.2.1992. The shares so sent after registering transfer and making endorsement were not sent to the complainant within two months from the receipt of the shares by the opposite party 1. The appellant alleged that the shares duly endorsed mailed through courier service were not delivered to complainant due to sudden death of the owner of the concerned courier. After the efforts, the shares were traced out and were mailed to the complainant on 20th April, 1993 by registered post, which were received by the complainant in July, 1993. The complainant alleged that he suffered loss as if the shares would have been received in time he would have earned the profit as the value of the shares at that time was Rs.40/- when the shares were received the value went down to Rs.16/-. Thus, the complainant claimed loss of Rs.4,800/-, besides, the compensation of Rs.5,000/- for mental agony and Rs.100/- expenses incurred in correspondence, in all Rs.9,900/- with interest thereon at the rate of 18% per annum.

(3.) The opposite parties after notice did not appear before the District Forum. However, the opposite party 1 sent a reply dated 14.5.1993 to the complainant with a copy to the Presiding Officer, District Forum, Jabalpur. The District Forum after appreciation of evidence on record found deficiency in service and awarded the amount of Rs.4,800/- the loss suffered, Rs.100/- expenses incurred in correspondence and the costs of the proceedings Rs.100/-, total Rs.5,000/- which was ordered to be paid with interest thereon at the rate of 18% per annum from 19.1.1993.