2000 (5) TMI 1014 - Commission - Companies Law

Summary

Issues:
- Complaint regarding non-dispatch of share certificates and claimed compensation for mental agony, business loss, and expenses.

Analysis:
- The complaint pertains to the non-dispatch of share certificates to the complainant's specified address, alleging deficiency in service by the opposite parties. The complainant sought various reliefs, including compensation for the delayed share certificates, interest, mental agony, business loss, and expenses incurred in obtaining the shares. The total compensation claimed amounted to Rs. 5,16,660, with a significant portion attributed to mental agony, business loss, and related expenses.

- Upon reviewing the complaint, the Commission observed that the claimed compensation of Rs. 5 lakhs for the alleged deficiency appeared inflated and lacking detailed justification. The Commission expressed doubts about the computation of the compensation amount, suggesting that it might have been exaggerated to fall within the jurisdiction of the Consumer Disputes Redressal Commission, where no court fees are payable. The Commission indicated that even if there was a service deficiency, the actual compensation would likely be minimal, questioning the jurisdiction of the Commission to entertain such a claim.

- Consequently, the Commission decided to return the complaint to be presented before the appropriate District Forum, emphasizing the need to amend the relief sought in paragraph 18 of the complaint. The complainant was granted one month to refile the complaint before the competent District Forum for further consideration. The Commission concluded by disposing of the complaint in light of the jurisdictional concerns raised during the proceedings.