- (1.) THIS appeal is directed against order dated 28.09.2010, passed by District Consumer Disputes Redressal Forum, Raipur (hereinafter called District Forum for short), in Complaint case No. 76 /08, whereby the complaint was dismissed on the ground that complainant is not a consumer. // 2 //
(2.) THE matter relates to transfer of shares. Earlier the complainant had filed the complaint with three Ops. Subsequently, by way of amendment name of local sub -broker was added as OP No.4. The complaint was dismissed on 13.04.2009 by the District Forum on preliminary objection of the OP No.1. Against the said order the complainant had approached this Commission under appeal No.238/2009. Complaint against OP -2 and 3 was held to be not maintainable but prima facie it was found to be maintainable against OP No.1 and OP No. 4 so the appeal was partly allowed and the order so far it related to OP No.1 and OP No. 4, was set aside and the matter was remitted back for further proceedings. So, presently there are only 2 opposite parties in complaint No.76/2008.
(3.) GIST of averments of complaint is that there are several share brokers at Raipur who provide their services to the investors as per norms settled by Indian Securities and Exchange Board. Complainant is the last purchaser of certain number of shares of Era Infra Engineering / Constructions and had purchased said shares through OP -2 who had handed over the share Certificates together with transfer deed. On presentation of original share certificates for lodging transfer in the name of the complainants, Beetel Finance and Computer Services Ltd. raised dispute regarding validity of transfer deed. On getting the same re -validated the complainants again presented the shares before Beetal Finance and Computer Services Ltd. for the purpose of lodging transfer, but they were informed by Beetal Co. that earlier duplicate shares had already been issued in favour of the OP No.1 and as such transfer of shares in the name of the complainants is not possible. The complainants after serving legal notice filed complaint before the District Forum for seeking direction to the OP No.1 to provide 750 Shares of Era Engineering / construction of the face value of Rs.2 per share and also to pay to the complainants Rs.10,000/ - towards mental harassment and entire amount of dividend declared and paid by the company towards the said shares. Op No.1 raised preliminary objections regarding maintainability of complaint before Consumer Fora, territorial jurisdiction of District Forum and the complaint being barred by limitation.;