Kartik Maganlal Padia – Appellant
Versus
Pratap Rajasthan Special Steel Ltd. – Respondent
S.A. Shah, J - This appeal arises out of the Judgment and order passed by the District Forum, Rajkot on May 15, 1991, in original Complaint No. 43 of 1990, by which the learned Judge has dismissed the complaint on the ground that the complainant-appellant is not a consumer within the meaning of section 2(1)(0) of the Consumer Protection Act, 1986("the Act" for short).
2. There is no dispute that the complainant is holding 150 Debentures of the Opposite Puny Company from 1986. The Complainant has alleged that the Opposite Party has not executed the Trust Deed for security of the debenture holders and has not followed the guidelines issued by the Department' of Economic Affairs(DEA for short).
3. The Appellant has raised the following contentions namely:-
(1) that the Debentures are GOODS within the meaning of section 2(l)(d)(i) of the Act;
(2) that the opposite party was under the legal obligation to follow the guidelines of DEA and to execute the Trust Deed and by ignoring the same, the Company has committed breach of the conditions;
(3) that the Debenture-holders are entitled to have the 'services' which 'the Company has to render and, therefore the complainant is a 'Cons
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