9911796707
TMI Blog1995 (3) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. The last date for issue of the certificates being 31-12-1991 the complainant sent a sum of Rs. 4,000. The application and the money was received by the opposite parties. It is the case of the complainant that as she did not receive the original certificates even after expiry of ninety days, the period men- tioned in the application for units, she sent registered letters dated 29-5-1992, 14-7-1992, 9-9-1992, 22-9-1992 and 7-11-1992 by registered post acknowledgement due to the third opposite party, i.e., the Registrar, Datamatics Ltd., Bombay. Since no reply was received a registered notice was issued to the opposite parties through an advocate on 31-12-1992. To the said registered notice, a reply was sent by the third opposite party st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the com-plainant that the certificates had already been despatched on 9-4-1992, there was no deficiency of service on the part of the opposite parties. 3. The District Forum found that in spite of the complainant sending the registered letters dated 29-5-1992, 14-7-1992, 9-9-1992, 22-9-1992, 7-11-1992, the third opposite party, i.e., the Registrar, Datamatics Limited did not send any reply to the complainant. Moreover, even after the com-plainant sent the application for duplicate certificates on 5-3-1993, the opposite, parties sent a duplicate certificate only on 1-11-1993 after filing of the complaint. It, therefore, held that had the opposite parties sent the original certificates in time, the complainant could have made some profi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation for duplicate certificates, the opposite party took nearly eight months' time for sending the duplicate share certificates. On account of long delay and laches on the part of the opposite parties in sending reply to the various registered letters written by the complainant for sending the duplicate certificates, we are satisfied that the complainant must have suffered mental agony on account of the attitude of the opposite parties in not intimating her about sending the share certificates and also of the delay in sending the duplicate share certificates to the complainant and there is deficiency of service on their part. It is next submitted that the value of the shares were only Rs. 4,000 and during the relevant period they were not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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