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Thread: The Chief Manager, Kolkata U.F.C, UTI Mutual Fund, 29, N.S. Road,

  1. #1
    Advocate.sonia's Avatar
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    Default The Chief Manager, Kolkata U.F.C, UTI Mutual Fund, 29, N.S. Road,

    BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

    at Berhampore, Murshidabad.

    Case No: CC / 54 / 2008. Date of Filing (Original):18.03.2008.

    Date of Order: 17.03.2009.

    Name of the Complainant(s) Name of the Opposite party/parties

    Mousumi Halder, 1. The Chief Manager, Kolkata U.F.C.

    D/O Jiban Halder, Vill. Cabtala, UTI Mutual Fund, 29, N.S. Road,

    P.O.& P.S. Lalgola, Dist. Murshidabad. Kolkata-700001.

    2. M/S UTI Technology Services Ltd.,

    UTI Bhavan, Plot No.3, Sector-II,

    CBD, Belapur, Navi Mumbai-400614.



    PRESENT

    1. Shri B. Mandal - President

    2. Smt. P. Ali - Member.



    JUDGMENT

    The complainant Mousumi Halder by filing this complaint claims relief u/S 12 of C.P. Act, 1986(as amended up to date). It is alleged in the said complaint against the Ops, UTI Mutual Fund to the effect that the complaint holds a UTI Bond bearing folio No. 200010220008611 dt. 23.3.01 and for that bond under UTI scheme the complainant deposited for re-purchase in the office of the OP on 30.11.06 but no payment is made by the OP. Moreover, on enquiry the complainant came to know that a cheque being No. 356441575 dt. 4.12.06 for an amount of Rs.18, 072.94 was issued by the OP in favour of the complainant. But the said cheque was not encahsed as yet. As the amount of Rs.18, 072.94 for the scheme of UTI has not been encahsed as yet by filing the instant application the complainant claims relief with the grounds stated thereto.



    Though the OP Nos. 1 & 2 filed their affidavit on 23.10.08 claiming dismissal of the proceeding but none of the Ops come forward to assist this Forum to dispose of the proceeding smoothly. By filing the said affidavit Ops contended inter alia to the effect that as per provision of repealing act the UTI it has been bifurcated into two entities namely (i) The Administrator of the Specified Undertaking of Unit Trust of India, (ii) The UTI Trustee Company Pvt. Ltd. It is also contended in the said written version that the UTI Trustee Company Pvt. Ltd. vide its business agreement dt. 19.12.02 has empowered the UTI Assets Management Company Pvr. Ltd. to manage fund collected under various scheme, plans including the present scheme. It is also contended in the said written version that the UTI-AMC has earlier appointed UTI Technology Services Ltd. as the Registrar and transfer agent for the scheme of ULIP-UTI-AMC Ltd. and it has been decided to consolidate its investors services and appointed M/S Karvy Computershare Pvt. Ltd (KCPL) as the registrar and agent for all the schemes including the present scheme. According to K.C.P.L. it has taken over the subject scheme from the earlier registrar and investors services from the 2nd week of January, 2008. In the circumstances, the Ops have prayed for impleading M/S Karvy Computershare Pvt. Ltd. as a party to the proceeding. and it is also contended that without impleading the said M/S Karvy Computershare Pvt. Ltd. no relief can be awarded in favour of the complainant.



    We are to decide if the complainant is able to get the relief as sought for

    And/or

    We are also to consider if M/S Karvy Computershare Pvt. Ltd. is a necessary party to this proceeding or not.

    Decision with Reason.

    Though the Ops by filing affidavit have not denied the status of the complainant under them, we know the office have some obligations to the complainant to fulfill the demand of the complainant, if otherwise the said demand is not declared as null and void.



    We perused the relevant documents and the pleadings of both parties. On perusal of the same with meticulous care we got materials to say that the Ops by filing affidavit nowhere stated that the above mentioned UTI Bond bearing folio No. 200010220008611 dt. 23.03.01 was not issued from the Ops. It is not denied by the OP to the effect that the above mentioned cheque bearing No. 356441575 dt. 4.12.06 amounting to Rs.18, 072.94 was not issued by the Ops in favour of the petitioner/complainant. It is also not denied by the Ops that the said cheque was not issued in favour of the complainant for its encashment. It reveals in record that the said cheque was issued, but no document has been shown on behalf of the Ops in relation to encashment of the said cheque. So, if the said cheque is/was not encahsed till date obviously the amount in question remains undisbursed.



    It is the specific case of the Ops that no relief can be awarded to this complainant in absence of M/S Karvy Computershare Pvt. Ltd. to substantiate the said pleadings. Unfortunately, no relevant documents are filed on behalf of the Ops. That apart the Ops since filing of their affidavit did not try to make the M/S Karvy Computershare Pvt. Ltd. as a party to this proceeding. This being the position, we are to hold that as above mentioned cheque was not encahsed at all by the petitioner, the Ops are liable to pay the said amount of Rs.18, 072.94. In the circumstances, the claim is entitled to get material reliefs as sought for.



    Hence, it is

    O R D E R E D

    C.C.No.54/2008 be and the same is allowed on contest in part against the Ops, but considering the circumstances without cost.



    The Ops are hereby directed to liquidate a sum of Rs.18, 072.94 in favour of this complainant within one from the date of communication of this order, failing which the complainant will be at liberty to recover the said amount along with the interest @ 12% p.a. to be calculated on and from this day till realization of the entire amount as per provision of law.



    Let the copy of this order be sent to OP NOs 1 & 2 under registered post with A/D at the cost of the complainant.



    The case is thus disposed of.

    Dictated and corrected by us.

  2. #2
    nirmalenduc Guest

    Default Non Receipt of Statement of account of UTI Contra Fund

    I, Nirmalendu Chatterjee as first signatory and Kalpana Chatterjee as second signatory of W2C,5/4, Phase II, Golf Green , Kolkata 700095 have applied in Form No.3310889 in UTI Contra Fund for Rs.15100/-by a cheque no.421038 dated 17.03.2006 on UCO Bank, Golf Green Branch which was receipted by UTI AMC(P) Ltd on 17.03.2006. The cheque was encashed on 21.03.2006. I have not received any intimation from UTI Contra Fund Manager. Please send me hard copy of the statement of the Fund. My e mail address is nirmalenduc@yahoo.com.

  3. #3
    Unregistered Guest

    Default non receipt of dvident of mastershare against folio -50517226612 in name of Renuka Giri,sanjoy giri

    Dear Sir,
    being the certificate holder (folio 50517226612) of 15900 units, the divident of Rs 34980 /- as diclared on 15.11.2012 yet to received in our end till date.
    in the mean time , Myself visited your kolkata office at 29NS Road three times & as per the local staffs instruction, repeatedly applied in the written form but till date no payment had been received.

    in the mean time ,came to know that the cheque no 10741 dt 27.11.12 for Rs 34980 /- had issued but after spending around 50 days ,there is no sign of the same, even the local Post office, LR Sarani PO also confirmed that there was no such document /cheque in this period

    PL take the necessary action, so that the cheque can be received by our end without any further delay

    Regards,
    Renuka giri
    Sanjoy kumar Giri
    mob no. 9836988033

  4. #4
    Unregistered Guest

    Default non receipt of dvident of mastershare against folio -50517226612 in name of Renuka Giri,sanjoy giri

    Dear Sir,
    being the certificate holder (folio 50517226612) of 15900 units, the divident of Rs 34980 /- as diclared on 15.11.2012 yet to received in our end till date.
    in the mean time , Myself visited your kolkata office at 29NS Road three times & as per the local staffs instruction, repeatedly applied in the written form but till date no payment had been received.

    in the mean time ,came to know that the cheque no 10741 dt 27.11.12 for Rs 34980 /- had issued but after spending around 50 days ,there is no sign of the same, even the local Post office, LR Sarani PO also confirmed that there was no such document /cheque in this period

    PL take the necessary action, so that the cheque can be received by our end without any further delay

    Regards,
    Renuka giri
    Sanjoy kumar Giri
    mob no. 9836988033

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