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Judgment
MISCELLANEOUS petition for restoration of the revision petition which was dismissed in default on 27.8.2001 is allowed and the revision petition is restored to its original number.
COMPLAINANTS are the petitioners before us. Their complaint was dismissed by the District Forum and appeal against that was dismissed by the Madhya Pradesh State Consumer Disputes Redressal Commission. Aggrieved, complainants have filed this revision petition under Clause (b) of Section 21 of the Consumer Protection Act, 1986. Both the District Forum and the State Commission held that the subject matter did not fell within the provisions of Consumer Protection Act and as such complaint was not maintainable. COMPLAINANTS had bought certain IND Ratna Units (Shares) in their joint names. Their case was that there was delay on the part of the respondent-Bank in not splitting the units in marketable lots on which account they had lost money. It had been found units were in the custody of the Bank and they were pledged against the loan advanced to the complainants. No attempt was made by the complainants to repay the amount. Assuming that there was delay in not splitting units in time for sale in marketable lots, complainant-respondents were not entitled to the return of the units as these were pledged as securities with the Bank and the Bank was not bound to return the same to the complainants. It is rightly held that there was relationship of creditor and debtor between the complainant and respondent-Bank. We find no merit in this petition and it is dismissed. Petition dismissed.