S C SHARMA Vs. GERMAN REMEDIES LIMITED

JUDGEMENT

(1.) This is a review application preferred by Shri S. C. Sharma, (review applicant hereafter) against the order of this Commission dated 12th August, 97. In this review application filed under Sec.13 (2) of the MRTP Act (Act for brief), the review applicant seeks revocation of the impugned order dismissing his compensation application. It will be in order to recount the facts of the case leading to the impugned order before taking up the review application for analysis and adjucation.

(2.) The review applicant had moved this Commission seeking compensation under Sec.12b of the Act alleging that German Remedies Limited (R1 hereafter) and Sharepro Services (R2 hereafter) had indulged in certain unfair trade practices vesiting him with loss and damage as a consequence. The review applicant is a registered share holder in the Company R1. He sent 52 shares held in the said Company R1 for consolidation into one certificate of 50 shares and another of two shares. R1 sent the Share Certificates to R2, its share transfer agents. R2 addressed a letter to the review applicant requesting for the original share certificates as there was some discrepancy in its computer files. The review applicant wrote several letters to R1 and R2 and also made a complaint to the Department of Company Affairs, Government of India. The review applicant sent photo copies of the shares in question to R2. Alleging that R1 and R2 had not redressed his grievance as he had not received the shares after consolidation, the review applicant lamented that he had been a victim of unfair trade practices attracting Sec.36a of the Act and claimed compensation of Rs.8,840/-. He also claimed compensation towards mental agony undergone by him and cost of litigation.

(3.) After hearing the parties, the Commission dismissed the compensation application noting that there was no intentional or deliberate unfair method or unfair trade practice on the part of either of the respondents and that the shares had been delivered by the respondents to the review applicant. The dismissal of the compensation application in the impugned order is sought to be revoked in this review application.