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L.C. MALHOTRA vs J.C. MEHTA And CO.

National Consumer Disputes Redressal Commission · Decided on 28 January 1992 · Citation: 1992 0 CPC 434 : 1992 1 CPJ 284 : 1992 1 CPR 533 : 1993 1 CLT 423

HON’BLE JUDGES
V.Balakrishna Eradi , A.S.Vijayakar , B.S.Yadav J.
RESULT
Petition dismissed
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Judgment

2 paragraphs · 214 words
1.

THIS is a Revision Petition against the Order of the State Commission, Delhi dated 9.12.1991 in Case No. A-30/ 91. There is no error of jurisdiction nor has the State Forum acted in exercise of jurisdiction illegally or material irregularity. The case of Revision Petitioner, therefore, deserves to be dismissed on this ground alone. However, the party had been heard. From the record as well as from his replies at the hearing it is clear that he had stopped the payment of the cheques issued for the purchase of shares on 17.8.1988. In consequence, as the State Commission has observed, the contract for purchase of shares had ceased to subsist The complainant therefore cannot found a claim for deficiency in service where no consideration has been paid or consideration has been revoked.

2.

IT was also noted that while he returned the shares scrip of 500 shares on 17.8.1988 and stopped the payment of cheques simultaneously, he revived his request for shares on 15.6.1990 a little less than two years after the event. The State Commission also noted that the complainant did not write any letter to the respondent during this period from August 1988 to June, 1990. Thus on merits also there is no case. The Revision Petition is dismissed. Petition dismissed.