- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 (hereinafter called the Act for short) is directed against the order dated 6.8.1999 in Complaint No. 581/1998 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short), dismissing the complaint of the complainant/appellant.
(2.) COMPLAINANT /appellant herein in his complaint under Section 12 of the Act averred that he purchased 2000 units of the Scheme Master Gain -2 floated by the respondent No. 1 in 1992. It was alleged that a draft of Rs. 20,000/ - drawn from respondent No. 2 -Central Bank of India, Main Branch, was sent for purchase of the said units. The complainant, however, did not receive the unit certificates from the respondent No. 1. The complainant intimated the respondent No. 1 about non -receipt of certificates but did not receive any response from it. Thereafter, the complainant went to Bombay and made inquiries from respondent No. 2. The complainant was informed about the details and particulars of the units allotted to him. The complainant specified the said particulars in para -2 of the complaint.
(3.) IT is further alleged by the complainant that since he did not receive the unit certificate, he had sent several letters as well as telegram to the respondent No. 2, but the same were not responded to by respondent No. 1. It was alleged that on 10.7.1998 the respondent No. 1 intimated the complainant that 800 units of the complainant are being transferred to another person. On receiving the said intimation the complainant by his letter dated 6.8.1998 again intimated the respondent No. 1 that he never received the unit certificate and that he has not transferred the said unit certificate to any other person. It was further averred by the complainant that on 6.9.1998 he received a letter dated 22.8.1998 from the respondent No. 1 in which the respondent No. 1 intimated the complainant that he should within 20 days submit the copy of the F.I.R. or a Court order. Thereafter, the complainant sent a legal notice dated 14.9.1998 to respondent No. 1 requesting it not to transfer the complainant s unit certificates in favour of any other person, with a further request to send him the unit certificates. The respondent No. 1 sent a reply dated 25.9.1998 in which the complainant was requested to send the detailed particulars of the units allotted to him. The complainant averred that the respondent No. 1 committed deficiency in service by not sending the unit certificates of the units allotted to him and in transferring the units to some other persons. The complainant, therefore, prayed that the respondent No. 1 be directed to deliver him the unit certificates of the 2000 units purchased by him and compensation of Rs. 22,000/ - be also awarded to him. The respondent No. 1 sent by post written version of the complaint. It was averred therein that the U.T.I. is a statutory corporation. It had floated Capital Growth Unit Scheme -1992 referred as Mastergain. The respondent No. 1 was appointed as the Registrar and Transfer agent for the said scheme. It was further averred that the complainant was allotted 2000 units under folio No. W6528487 and the said unit certificates were despatched to him on the address given by the complainant in his application, through registered post, and that it was, therefore, presumed by the respondent No. 1 that the certificates must have been received by the complainant. However, on receiving intimation from the complainant about the non -receipt of the certificates, the respondent No. 1 discovered on investigation, that out of the units allotted to the complainant, 1700 units have already been transferred in favour of third parties as per details given in the said reply of the respondent No. 1. It was averred that since the transfer documents regarding the said units were found to be in order, the transfer as above was effected. It was further averred in the above context that the transfer was effected by the respondent No. 1 after following the operational procedure and formalities including sending of the hold notices to the complainant asking for objection, if any. The hold notices as above were sent on 19.10.1995 and 27.8.1996 to the complainant. It was further averred that 300 units still stand in the name of the complainant and he can obtain them after furnishing the requisite documents to the respondent No. 1. It was averred that the respondent No. 1 is bound to abide by the rules and regulations as framed by the various statutory and regulatory authorities like SEBI and Stock Exchange and had taken adequate pecautionary measures while dealing with the transfer applications of the units. However, since there was no response of the hold notices issued to the complainant by respondent No. 1 from the complainant the transfer of the units was effected. It was further averred that the legal notice dated 14.9.1998 sent on behalf of the complainant lacked details regarding the application No., folio No., Certificate No., etc., hence respondent No. 1 by registered letter requested the complainant and his Counsel to furnish the requisite details so that the matter can be investigated by the respondent No. 1. It was prayed that the complaint be dismissed.;