At, Tamil Nadu State Consumer Disputes Redressal Commission Chennai
By, THE HONOURABLE MR. JUSTICE E.J. BELLIE
By, PRESIDENT & THE HONOURABLE MR. V.S. KANDASAMY
By, MEMBER
For the Appellant: R. Venkatavaradan, Advocate. For the Respondent: None.
Judgment Text
E.J. Bellie, President
1. The opposite party Lloyds Steel Industries Ltd., against whom an award has been passed is the appellant.
2. The complainant applied to the opposite party for 20 debentures of the value of Rs.350/- and 20 debentures were allotted. The case of the complainant is that after receipt of the entire amount payable the opposite party failed to send the debenture certificates despite several requests. There was no response even to a Lawyer’s notice sent on 7.9.92. On these grounds the complaint has been filed, alleging that the act of the opposite party is unfair trade practice and deficiency in service, for direction to the opposite party to send the debenture certificates together with interest thereon and also for damages of Rs. 2,000/- for mental agony and loss caused to the complainant.
3. It appears the opposite parties did not appear before the District Forum. However, it is now submitted by the learned Counsel appearing for the appellant/opposite party that during the course of the proceedings in the District Forum they had sent a letter of representation to the District Forum raising their contentions.
4. The District Forum on consideration of the evidence came to the conclusion that there was deficiency in service on the part of the opposite party and it directed the opposite party to issue the debenture certificates and it has also awarded a sum of Rs. 2,000/- for mental agony.
5. Now in the appeal before us, it is not in dispute that during the course of the proceedings before the District Forum the opposite party has sent all the Debenture Certificates alongwith interest at 14% on the amount received. It appears that the District Forum has not noted this fact and it proceeded to order for sending the debentures. So the order relating to this aspect of the matter is not proper, since the prayer has already been complied with by the opposite party. What remains is the question relating to the award of Rs. 2,000/- to mental agony. Considering the circumstances in the case particularly the fact that even before the order was passed, the opposite parties have sent the Debenture Certificates to the complainant with interest at 14% on the amount, received we do not
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think that any separate amount can be awarded for mental agony. 6. Thus considering we allow the appeal; set aside the order of the District Forum and dismissed the complaint. There will be no order as to costs. Appeal allowed.
