IMPORTANT POINT
In each and every case Court has to examine whether delay in filing petition stands properly explained.

Mrs. Rekha Gupta, Member —Revision Petition No. 2635-2637 of 2011 has been filed against theORDER dated 26.10.2010, passed by Haryana State Consumer Disputes Redressal Commission, Panchkula (short, “State Commission”) in First Appeal Nos.434, 1887 & 1888/2004.

2. The brief facts of the case as per petitioner/complainant are that the petitioner under the guardianship of his father Shri Sunder Lal Dhiman had purchased 75 preference and 51 original shares of the company Hindustan Electrical Corporation Ltd., Thapar House, 25 Brabourne Road, Calcutta in 1941 for a sum of Rs.5,000/-. The above said shares had been purchased by the petitioner – Kranti Kumar Dhiman when he was minor therefore, the same had been purchased through his guardian Shri Sunder Lal Dhiman.

3. The petitioner came to know that Hindustan Electrical Corporation Ltd. merged in Crompton Greaves Ltd. and the above shares are also lying with the respondent.

4. The petitioner had earlier written letters to Hindustan General Electrical Corporation Ltd. on 27.12.1977 regarding issuance of sale certificate to the petitioner and in the reply of the said letter, the Hindustan General Electrical Corporation Ltd., vide his letter reference No.Sec/134/DP/18/455 directed the petitioner to send the documentary proof either School Leaving Certificate duly attested from the Gazetted Officer regarding the age of the petitioner or any other document. The petitioner accordingly, send the copy of Matriculation certificate along with the affidavit regarding proof of his age. The date of birth of the petitioner is 2.4.1941 and he had become Major at that time also for removal of guardianship of Shri Sunder Lal Dhiman who had also died. The death certificate of Shri Sunder Lal Dhiman from the Municipality, Yamuna Nagar had also been sent to the respondent along with the above said documents. The petitioner had further written to the respondent to surrender old share certificates which had been handed over to Late Shri O.P. Verma, General Manager, Ballerpur Industry, Yamuna Nagar for putting the exchange of the same with new share certificate, but he has since passed away. The petitioner had also sent the Indemnity Bond on Non-Judicial stamp paper of Rs.5/- along with specimen for the loss of old share certificate duly signed by the respectable as surety to the Hindustan General Electrical Corporation Ltd. The Hindustan General Electrical Corporation Ltd. did not send the same nor paid any dividends or profit of the said shares for which the petitioner is legally entitled.

5. The petitioner also wrote so many letters and the last letter was sent by registered AD post on 24.1.1977 to the respondent regarding issuance of the share certificate which has been received by it on 3.2.1997. But the respondent has not paid any heed towards the petitioner. The petitioner due to the said illegal act of the respondent has not only suffered economically but also tortured mentally.

6. The petitioner is legally entitled to receive the due share certificate which has been purchased in 1941 but the respondent has not given any information of the same nor the same has been sent by the respondent to the petitioner. It is further submitted that neither any profit of the shares have been sent to the petitioner even for the last 56 years nor any account has ever been rendered to the petitioner, as a result of which the petitioner is suffering irreparable loss which is in crores of rupees.

7. It was therefore, petitioner prayed that the grievances of the complaint may be redressed by making anORDER against the respondent directing them to send the share certificates along with dividend and profit to the petitioner and also to render the account to him, in the interest of natural justice, equity and good conscience, and they further be directed to pay compensation due to mental harassment to the petitioner.

8. Respondent nos.1 and 2 (before the District Forum) in their written statement stated that:

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