Before the District CONSUMERS Forum:Kurnool

Present :Sri K.V.H.Prasad, B.A., LL.B., President

And

Smt C.Preethi, M.A., LL.B., Member

Sri R.Ramachandra Reddy, B.Com., LL.B., Member

Tuesday the 20^th day of January, 2004

C.D.No.150/2003

Gangi Setty Padmavathamma,

W/o G.S.Guruvaiah,

R/o. 89/6, Rangaraju Street,

Nandyal,

Kurnool District.                                       . . . Complainant represented by his Counsel

                                                                Sri.D.M.Ramachandra Reddy, Advocate

-Vs-

1. Adala Raghava Reddy,

Chairman and Managing Director,

Medinova Diagnostice Services Limited,

6-3-652, Kowtilya,

3^rd Floor, Somajiguda,

Hyderabad.                              . . . In Person

1. Basu Takur,

Director,

Medinova Diagnostice Services Limited,

6-3-652, Kowtilya,

3^rd Floor, Somajiguda,

Hyderabad.                              . . . In Person

1. The Managing Director,

Medinova Diagnostice Services Limited,

Nandyal,

Kurnool District.                      . . . Opposite party No.3 represented by his

                                                      Counsel Sri.D.Prathap Reddy, Advocate

O R DE R

1.       This Consumer Dispute case of the complaint is filed under section 12 of the C.P. Act seeking a direction on the opposite parties to pay an amount of Rs.10,242/- towards the maturity amount of Rs.7,850/- of MDR No.00981/XII dated 23-06-1999 with interest at 19% per annum from the date of the maturity and Rs.1,000/-  as compensation and Rs.1,000/- towards costs as the opposite parties who are liable to pay the maturity amount failed to pay the same in-spite of surrender of the duly discharged matured MDR to the opposite party and as failed to respond even to the demand notice legal notice dated 30-04-2003 and necessitated the complainant to resort to the Forum for redressal of the deficiency of the service of the opposite parties arising out of there defaultive conduct of non refunding the matured amount.

2.       The opposite parties 1 and 2 in-spite of the receipt of the notice of this Forum as to this case neither caused their appearance nor contested the matter by filing any denial written version.  The opposite party No.3 even though caused its appearance through counsel did not file any written version and on the other hand obtained from contesting the further proceedings.

3.       The complainant in substantiation of his complaint averments relied upon the documentary material record in Ex.A1 to Ex.A3 besides to his sworn affidavit in reiteration of his case.

4.       Hence, the point for consideration is whether the complainant has made out his cause of action and entitleness for the reliefs prayed against the opposite parties.

5.       The Ex.A2 is the original MDR No.00981/XII dated 23-06-1999, the original of envisages its issual on receipt of Rs.5,000/- from the complainant by the opposite party on 23-06-1999 and stipulating the payment of Rs.7,850/- on its date of the maturity i.e., on 22-06-2002.  The Ex.A1 demand legal notice the complaining of the nonpayment of the matured amount.  The said notice in Ex.A1 was said to have been acknowledged by the opposite party under the Ex.A3. 

6.       The condition printed on the reverse page of the Ex.A2 says the discharged Membership Deposit Receipt must be surrendered at least 15 working days inadvance of the date of the maturity to the Company Registered Office at 6-3-652, Kowtilya, 3^rd Floor, Somajiguda, Hyderabad-500082.  As the said original MDR being in case record as Ex.A2 and no reference is there in Ex.A1 notice of its surrender to the opposite party duly discharging it as required in condition “B” stated supra, the complainant remains at deficiency of surrendering a duly discharged Membership Deposit Receipt to the opposite party creating any liability for refund of the matured amount stipulated in the Ex.A2 to the complainant.  Hence there being no deficiency of service or deficit conduct on the part of the opposite party in the circumstances enunciated and thereby the complainant is not remainant entitled to any of the reliefs sought the complainant’s case is dismissed with costs.

Dictated to the Stenographer, Typed to the Dictation corrected by us pronounced in the Open Court this the 20^th day of January, 2004.

MEMBER                                    PRESIDENT                                           MEMBER

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant:- Nil                                    For the opposite parties:- Nil

List of exhibits marked for the complainant:-

Ex.A1          Legal Notice dated 30-04-2003 issued by complainants counsel to the opposite parties.

Ex.A2          Original copy of the Membership Deposit Receipt of the complainant bearing MDR No.00981/XII issued by the opposite party.

Ex.A3          Postal Acknowledgement of opposite party.

List of exhibits marked for the opposite parties:- Nill

MEMBER                                    PRESIDENT                                           MEMBER