(Per: Mr. D.K. Tyagi, Member): This is an appeal under Section 15 of the Consumer Protection Act, 1986, against the order dated 03.06.2013 passed by the District Forum, Nainital in consumer complaint No. 104 of 2008. By the impugned order, the District Forum has partly allowed the consumer complaint and directed the opposite parties to pay to the complainant a sum of Rs. 4,50,000/ as compensation and interest @ 6% per annum on the said amount, jointly or separately, pendent lite and in future and Rs. 5,000/ towards cost of litigation, within a period of one month from the date of order. 2. Briefly stated the facts of the case, as mentioned in the consumer complaint, are that the complainantSmt. Bimla Adhikari is a client of the opposite parties since a long time, who is doing trading of shares through opposite parties and the opposite parties allotted her a Customer Code No. PHDB07, because the complainant is doing sale and purchase of shares as small investor. The opposite party No. 1 namely SMC Global Securities Ltd. is a company, registered under Companies Act, 1956 and a member of National Stock Exchange of India Ltd., who is doing a business in Capital Market and Future & Option Segments (CM and F&O) Rendering and Broking services. In other words the opposite party No. 1 is doing share trading, for which it takes remuneration as commission from the members. The complainant has also paid commission to the opposite party Nos. 1 & 2, therefore, she is a consumer of the opposite parties. The complainant purchased two lots of share on 21.01.2008 through opposite parties and issued a cheque No. 783001 of Punjab National Bank, Nainital Road, Haldwani for a sum of Rs. 1,50,000/ to maintain the margin of her previous shares as well as new lot of shares and also requested to the opposite parties not to sale her shares, as there is a slump in the market. Even then, the opposite parties have sold complainant's share lot on 23.01.2008, knowing that there was slump in the market. The complainant had also requested to opposite party No. 2, who is doing business at Haldwani, not to sale her share lot but all went in vain. Therefore, in these circumstances she requested the bank to stop the payment of cheque No. 783001 dated 21.01.2008. By selling the complainant's share lots, by the opposite parties, she suffered a loss of Rs. 4,50,000/ for which she sent a notice through her counsel to the opposite parties, but the opposite parties did not reply to her notice rather sent an unsigned threatfull letter to the complainant. The complainant wrote a letter to National Stock Exchange of India Ltd. for the act of opposite parties. The National Stock Exchange had directed the opposite parties to solve the problem of the complainant, even then the opposite parties did nothing. The opposite parties caused her mental agony and monetary loss. The complainant filed a consumer complaint before the District Forum, Nainital with a prayer to direct the opposite parties to pay Rs. 4,50,000/ with interest @ 18% per annum and also Rs. 10,000/ for monetary loss and Rs. 20,000/ towards litigation expenses. 3. The opposite party No. 1 filed its written statement before the District Forum and pleaded that the present consumer complaint is not maintainable before the Forum reason being there is arbitration clause in the agreement executed between the parties. The Byelaws of the National Stock Exchange of India Ltd. is also binding on both the parties. That the complainant is not an investor, but a trader in shares. A very first sentence of the complaint is "That the Applicant is in business with the Defendants since very long time and has been trading in shares/securities through the defendants". She has been dealing in futures of shares regularly for the last over three years regularly buying and selling and dealing in differences. The complainant is a trader and is not a consumer by any stretch of argument or interpretation of the Act. The answering