1997 (2) TMI 407 - Commission - Companies Law

Summary

Issues:
1. Whether the appeal is barred by limitation.
2. Whether the Consumer Protection Act applies to the case involving the sale and purchase of shares.
3. Whether the Consumer Disputes Redressal Commission has the powers of a Civil Court.

Analysis:
1. The respondent argued that the appeal was time-barred, citing the date of the District Forum order as 11-8-1995. However, the appellant contended that the appeal was filed within the limitation period as it was reckoned from the date of communication of the order, following the precedent in Haryana Housing Board v. Housing Board Resident Welfare Association. The Commission held that the appeal was within limitation based on the dates provided.

2. The appellant claimed that the Consumer Protection Act applied to the case involving the sale and purchase of shares, asserting that such transactions constitute a service under the Act. The appellant relied on section 13(4) of the Act to argue that the Consumer Disputes Redressal Commission had the authority to address deficiencies in services related to share transactions. However, after considering the arguments and evidence, the Commission found that the case involved numerous transactions over a period of two years, requiring detailed evidence and account verification beyond the scope of the Consumer Protection Act. Consequently, the Commission concluded that the complainant should seek redress in the Civil Court for such complex disputes.

3. The Commission addressed the contention that the Consumer Disputes Redressal Commission possessed the powers of a Civil Court. It clarified that while the Commission does have certain powers akin to a Civil Court as specified in the Act, those powers are limited to specific matters outlined in the Act. The Commission emphasized that not all the powers of a Civil Court are vested in the Consumer Disputes Redressal Commission. Therefore, the Commission dismissed the appeal, emphasizing that the Commission's jurisdiction is confined to matters explicitly provided for in the Consumer Protection Act.

Overall, the Commission ruled that the appeal was not time-barred, but the case involving the sale and purchase of shares was beyond the purview of the Consumer Protection Act due to its complexity and the need for extensive evidence and account verification. The Commission clarified the limited scope of its powers in comparison to a Civil Court and directed the complainant to pursue the matter in the appropriate legal forum, dismissing the appeal with no costs awarded.