RAJ TIKKU vs ARJUN MARKETING AND FINANCE CORPORATION

THIS complaint has been filed by Smt Raj Kikku and Shri Krishna Avtar Tikku, against Shri Arjuna Marketing and Finance Corporation through it''s partner. The complainant raises a dispute relating to purchase and sale of shares. The precise claim of the complainant is contained in Annexure 20 of the Complaint. A perusal of the letter indicates that the claimant claims be entitled to sale proceeds of certain shares. The sale proceeds of shares according to the complainant should have been paid in the month of January 1990. The case of the complainant is that sale proceeds are indicated in Annexure 20. It further indicates that a sum of Rs. 26,365/- has been paid to the complainant, and that a further sum of Rs. 47,030/- is due to him. The document filed alongwith the complaint hear out of the case put forward in Annexure 20.

INSPITE of notice to the opposite party no one has put in appearance and the case proceeds ex-parte against him. On a perusal of affidavit filed by the complainant we see no reasons to doubt the case of the complaint in the absence of any contrary" version filed by the other sides. As stated earlier the complainant in Annexure 20 has admitted having recovered Rs. 26,365/- and has claimed Rs. 47,030/-. We see no reasons to doubt the veracity of the complainant. All the facts are supported by an affidavit. We accordingly hold that the complainant is entitled to Rs. 73,395/- out of which a sum of Rs. 26,365/- has admittedly been paid to the complainant. He is thus entitled to Rs. 47,030/- accordingly to the contention of the complainant. This amount was paid in the year 1990. The complaint was filed in the month of October 1991. In our opinion the complainant is also entitled to a sum of Rs. 10,000/- by way of compensation for delay in payment of the sum of Rs. 47,030/- which has not been paid so far.

For the stated above, we allow the complaint decide in the manner indicated above. Complaint allowed.