9911796707
TMI Blog1997 (10) TMI 318X X X X Extracts X X X X X X X X Extracts X X X X ..... orum, Hissar, the appeals were treated as revisions. The short point by way of preliminary objection is, which we otherwise also on the face of it find, that the basic order by which the complaints have been allowed against the appellant being on 8-2-1994 these appeals/revisions are obviously barred by time. The appli-cation for condonation of delay has been filed, which is duly supported by the affidavit of the appellant/petitioner in which it has been stated that when the appellant came to know about the passing of the ex parte order dated 8-2-1994, immediately the application for setting aside the ex parte order was filed before the District Forum) Hissar. The exact date of knowledge has been stated to be 5-3-1994 on which date the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Viraj Overseas (P.) Ltd. v. Hindustan Motors Ltd II [1992] CPJ 360 (NC). The Super Dry Cleaners v. Kapil Devi Bhakhri II [1992] CPJ 937. The principal contention of the learned Counsel for opposing the application is that firstly it was a proper service of the notice which had been duly served under the law on the opposite party, i.e., the present petitioner, when the complaints were filed before the District Forum and the application for setting aside the ex parte order has rightly been dismissed. Secondly, it has been contended that if at all it is taken that 5-3-1994 was the date on which it came to the notice of the appellant that the complaints had been decided against him, he should have filed the appeals within 30 days b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r and Commission Agent registered with the Delhi Stock Exchange Association Ltd. Since he used to assist the investors in dealing with shares and was charging his brokerage/commission on various transactions the com-plainants had been hiring his services on commission basis. It was in 1991 - 92 that K.K. Sharma appellant came to Hissar and pursuaded the com-plainants to enter into transactions of shares regarding which contracts were actually entered into on various dates in two months from 15-2-1992 to 11-4-1992. On the basis thereof, the complainants deposited various amounts with the appellant K.K. Sharma. However, as the complainants had not received any amount from the appellant, they approached the learned District Consumer Forum, His ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the National Commission that claims with regard to the sale and purchase of shares and for the refund of the money invested therein as well as for compensation arising therefrom are matters which are certain- ly covered under the consumer jurisdiction and relief can be granted in appropriate cases by the District Consumer Forums and the State Commis-sions. A consumer claiming compensation cannot be non-suited by the District Consumer Forum by styling the dispute as a commercial transac-tion. So far as the plea regarding lack of territorial jurisdiction is con-cerned, it has no basis as the learned District Consumer Forum, Hissar, was certainly competent to adjudicate the claims once it is established that the shares were purchased and mone ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
