E.J. Bellie, President

1. The unsuccessful complainant is the appellant. It appears that he had engaged the services of the opposite party for sale and purchase of shares. In respect of these transactions according to the complainant the opposite party is liable to pay him Rs. 3,300/-, but that amount he has not paid inspite of demands. Hence he must be directed to pay this amount and also a sum of Rs. 10,000/- as damages for mental agony and another sum of Rs. 10,000/- as compensation for loss of income.

2. The opposite party, while admitting that he undertook the work of selling and purchase of shares for the complainant, denied that he was liable to pay him any amount, and on the other hand would contend that the complainant must pay him a sum of Rs. 2,076/- and therefore the complaint is liable to be dismissed.

3. The District Forum came to the conclusion inter aliathat this is a matter where the complainant has to seek remedy in a Civil Court and not in a Consumer Forum. Ultimately the District Forum dismissed the complaint but without any costs.

4. After hearing both sides and on going through the documents in the case, we find no reason to differ from the finding of the District Forum that it is a matter where the complainant must seek remedy only from the Civil Court and not in the Consumer Forum. In the written version, the opposite party has denied most of the allegations of the complainant, and it is stated that as per the account maintained by him which is annexed to the written version, the complainant has to pay him a sum of Rs. 2076./-. It is clear from the pleadings in the complaint and the averments in the written version that the transaction between the parties relate to speculative purchase and sales of shares. The only document filed by the complainant is Ex. A-l which is said to be the copy of a letter dated 15.11.94 sent by him to the opposite party. The opposite party, in his written version, has denied that he had received any such letter. In these circumstances, without any further evidence, it is difficult to hold that the opposite party had committed any deficiency in service as alleged. Rightly therefore the District Forum has dismissed the complaint stat

ing that it is a matter that has to be decided by a Civil Court. We are in complete agreement with the District Forum. 5. In the result, therefore, we dismiss the appeal. There will be no order as to costs. Appeal dismissed.