RAM KUMAR ASWANI Vs. A K STRUCTURAL FOAM LTD

JUDGEMENT

(1.) The unsuccessful complainants have filed this Appeal under Sec.15 of the Consumer Protection Act, 1986 ("the Act" hereinafter) against the order dated 11.1.1990 passed by the District Forum, Jaipur in Complaint Case No.403/89. By the impugned order the District Forum dismissed the complaint.

(2.) The complainants have alleged that they submitted an application form for the allotment of 100 shares each and deposited application form alongwith the requisite amount of Rs.500/- with the opposite party-respondent through its banker at Jaipur. The opposite party allotted 100 shares each as per the application form. According to the original terms and condition of the subscription, allotment money ie; balance 50% of the remaining amount of the shares was to be paid to the company upto 15.5.1986. The complainants could not deposit call money in time and the balance was sent on 1.5.1987. The complainants submitted original share certificates alongwith two D. D. for Rs.500/- each while sending balance allotment money, the complainants submitted original share certificate alongwith two demand drafts of Rs.500/- each. Opposite party vide its letter dated 19.6.1987 raised a demand for Rs.195/- being the interest as a consolidated amount and further informed that the matter in respect of waiver of interest was placed before the Managing Director and Directors of the Share Committee. They took the view that if waiver of interest is granted to a particular share bolder then it should be made uniformly applicable to all such cases and that at this juncture it was not possible for them to do so. The complainants have filed letter dated 19.6.1987. Thereafter the complainants addressed a letter dated 17.7.1987 to the Company stating that in the same type of a case of M/s. Kiran Jain in Regd. Folio No.3725 waiver of interest has been granted and so, taking a uniform view the interest may be waived in the complainants case too, as the complainants are petty investors having very limited source of income. No reply was received to this letter. Repeated requests in writing were made but were of no avail. Ultimately on 5.2.1989 the opposite party intimated the complainants that their request cannot be entertained as already informed vide letter dated 19.6.1987 and again raised a demand of interest to the tune of Rs.311/- instead Rs.195/- which were earlier demanded. Subsequently, letters were addressed from time to time to the opposite party. The complainants sent a representative to Bombay in person but it was of no avail.

(3.) The complainants, therefore, filed the complaint which was registered on 9.8.1989 praying that the opposite party may be directed to grant waiver of interest in respect of Folio No.3450 and 3451 of the complainants and to release share certificates forthwith and further a sum of Rs.20,000/-, Rs.1,800/-, Rs.1,500/-, Rs.350/- plus Rs.3,500/- for legal expenses were claimed against the Company. In support of the complaint, the complainant Ram Kumar submitted his affidavit. The District Forum issued notice to the opposite party. The opposite party did not appear despite service. On 18.10.1989 the complainants were directed to submit the affidavits. On behalf of the complainants affidavits were submitted on 9.1.1990. After hearing the arguments, the District Forum dismissed the complaint by its order dated 11.1.190. The complainants have filed the appeal. Service was presumed on the respondent vide ordersheet dated 8.11.1990.