Tribunals and Commissions(2003) 06 NCDRC CK 0041

MADHOPRASAD SARAF vs RAJENDRA MINING AND SPARES CO. LTD.

National Consumer Disputes Redressal Commission · Decided on 5 June 2003 · Citation: 2003 4 CPJ 296

HON’BLE JUDGES
M.S.Rane , R.N.Varhadi J.
RESULT
Complaint dismissed

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Judgment

3 paragraphs · 242 words
1.

NO written statement has been filed by the O.P. 1. Complaint has been filed by the complainant with regard to share transactions between him and the O.P.

2.

WE have perused the complaint and the averments made therein and it is clearly borne out that transactions of purchase of shares are on the basis of buy-back i.e. to say ready forward transaction. Averments to that effect have been made in the complaint itself. That being so, dispute of a nature would not fall as a consumer dispute under the purview of Consumer Protection Act, 1986 since the complainant is claiming relief on the basis of purchase of shares as also its seller. We, therefore, reject the complaint clarifying that such rejection which is on technical ground, not to operate as an impediment to pursue his complaint before the appropriate Forum, if permissible and we have issued this clarification under Section 14 of Limitation Act. ORDER 1. Complaint stand rejected for the reasons mentioned in the body of the judgment. 2. We clarify that such rejection not to operate as an impediment to the complainant pursuing his remedy before the appropriate Forum, if so desire, and benefit of Section 14 of Limitation Act will be applicable in that case. 3. We are however, providing 6 weeks'' time from today to the complainant to approach the appropriate Forum.

Complaint to be treated as disposed of with no order as to costs. Complaint dismissed.