Dr. P.D. Shenoy, Member—The issue involved in this case is whether the Consumer Fora have powers to award damages to the tune of Rs. 500 per day for delayed transfer/non-transfer of share certificate to the complainant/consumer. The answer is No.

2. The complainant Smt. Neera Maheshwari filed a complaint against the respondents Reliance Ind. Ltd. and Carbo Consultants Ltd., Unit of Reliance Ind. Ltd. that after submitting an application in the prescribed proforma she had applied for purchasing 100 equity shares of Rs. 10 each and she had deposited the said application in the authorized Bank of the Company along with a sum of Rs. 500 towards stock invest. Later on the Reliance Ind. on the basis of this application sent her 100 equity shares of Rs. 10 each through their portfolio No. 34442789. Further, through their Notice No. 004998071 dated 24.9.1994 demanded a sum of Rs. 250 @ Rs. 2.50 per share, in accordance with their prospectus dated 14.10.1992 which was paid by the complainant. The company made second and final demand of Rs. 250 which was paid through the Bank.

Case of the complainant:

3. The respondent sent a demand notice dated 25.5.1995 wrongly demanding further sum of Rs. 271.08 a sum of Rs. 500 on 12.2.1996. Despite several letters issued by the complainant, the company has not issued the share certificates, bonus certificates, dividend on the shares as required by the Section 53 of the Companies Act. Accordingly, the complainant filed a complaint before the District Forum seeking following relief:

1. The complainant has suffered a loss of Rs. 500 per day due to not making available the share certificates etc. within prescribed period of three months and hence damages at the rate of Rs. 500 may kindly be awarded in favour of the complainant with effect from November, 1994 upto 12.2.2003;

2. Interest at the rate of 18% may also be awarded in favour of the complainant with effect from 26.7.1996 upto 12.2.2003, for delay in payment of dividend;

3. A sum of Rs. 10,000 towards costs of the complaint, transportation and Counsels fee and a sum of Rs. 20,000 towards physical and mental agony, i.e., a total sum of Rs. 30,000 may also be awarded in favour of complainant and against the respondents;

4. Certificate of 100 shares of RPEL may also be given to the complainant;

Case of the opposite parties :

4. The opposite parties have filed a written statement stating that the complaint is barred by limitation and the complainant has not hired their services and hence he is not a consumer. The opposite party submitted that Section 10 of the Companies Act, 1956 prohibits filing of the case against a company in any Court other than the Court within local jurisdiction of the registered office of the company. They have further submitted as follows:

5. A perusal of the contents of the complaint reveals that the complaint filed by the complainant is for non-receipt of converted shares against her holding of 100 Nos. of shares in the erstwhile Reliance Polyethylene Ltd. These opposite parties stated that upon verification of the records it was found that the complainant was holding 100 Nos. of shares under folio No. 34442789 in the erstwhile Reliance Polyethylene Ltd. Opposite parties further submitted that erstwhile Reliance Polyethylene Ltd., pursuant to a scheme of amalgamation sanctioned by the High Court, was merged with Reliance Ind. Ltd. with effect from 1.1.1995. In accordance with the scheme of amalgamation, the holders of the shares in the erstwhile Reliance Polyethylene Ltd. were entitled to allotment of shares in Reliance Ind. Ltd. in the ratio of 25 shares for every 100 shares in the erstwhile Reliance Polyethylene Ltd. Accordingly certificates of the proportionate 25 shares in Reliance Ind. Ltd. were also allotted to the complainant during the year 1995 itself. Opposite parties stated that upon further verification of the records, it was found that due to non-confirmation of Stock Invest Application, the amount has no