TILAK RAJ BAKSHI Vs. SR POST MASTER

JUDGEMENT

(1.) The complainant Tilak Raj Bakshi and Ms. Mamta Bakshi jointly hold 100 equity shares of respondent No.3-M/s. Lyka Labs Limited and respondent No.2-M/s. M. S. C. Limited is the Registrar of respondent No.3, who had announced the issue of right shares. In response to that the complainant applied for 100 shares, but could not get because the application was returned to the complainants informing that their application was received late after the close of the issue. The respondent No.1-Sr. Post Master has also been blamed for delaying the application of the complainants. Consequently, the District Forum-II rejected the complaint against respondent No.1, but, allowed it against respondent No.2 and 3 with costs of Rs.1,100/- and directed the complainant to pay Rs.1,500/- o respondent Nos.2 and 3 issue the shares for after collecting the sum of Rs.1,500/- from the complainant.

(2.) Briefly, the complainants jointly hold 100 equity shares of respondent No.3. The respondent No.2 is the Registrar of respondent No.3. The respondent No.3 had announced the issue of right shares. In response to that the complainants applied for 100 shares on the prescribed application and sent the requisite amount of Rs.1,500/- by way of demand draft by Speed Post on 17.1.1994. The application was returned to the complainants by respondent No.2 somewhere in March, 1994 informing them that it was received on 28th January, 1994 after the close of the issue.

(3.) Respondent No.1, the Postal Department has brought on record the delivery list of the letters sent by Speed Post and delivered to the addressee on 19.1.1994 at New Delhi. It contains the particulars of the packet No.5535 and thus it was well established that the letter containing the bank draft was delivered to the addressee on 19.1.1994 and clearly within time, a day before the closure of the issue. It was unfair on the part of respondent No.3 to allege that the envelope was received on 28.1,1994. It may not be practicable to allocate the shares now in 1999 and we modify the order of District Forum-II and hereby direct that respondent No.3 shall pay a sum of Rs.750/- as compensation. Besides this, costs Rs.500/-shall also be payable by respondent No.3 which shall also be payable within one month from the date of this order.