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.149/2003

Thallapalli Satyanarayana,

S/o Venkata Ramanaiah,

R/o 17/187-F,

Park Road,

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. Medinova Diagnostice Services,

The Managing Director,

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.12,350/- towards the maturity amount of Rs.7,850/- of MDR No.01083 dated 02-07-1998 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 dated 18-09-2001 and demand legal notice dated 21-04-2003 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.A4 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.A1 is the attested Xerox copy of the MDR No.01083/IX dated 02-07-1998, the original of which was said  to have been surrendered to the opposite party after its due discharge for the payment of the matured amount, envisages its issual on receipt of Rs.5,000/- from the complainant by the opposite party on 02-07-1998 and stipulating the payment of Rs.7,850/- on its date of the maturity i.e., on 01-07-2001.  The Ex.A3 demand legal notice taking the reference to the earlier demand notice dated 18-09-2001 in the Ex.A2 and surrender of the original MDR to the opposite party duly discharging its and the complaining of the nonpayment of the matured amount.  The said notice in Ex.A3 was said to have been acknowledged by the opposite party under the Ex.A4.  The above said material which finds its reiteration in the sworn affidavit of the complainant as is not rebutted by the opposite parties the fact of the deficiency of service of the opposite parties is non refunding the matured amount under the Ex.A1 to the complainant is conclusively remaining established, holding the liability of the opposite parties for the said deficiency and the entitleness of the complainant for the matured amount with the justifiable rate of interest of 9% from the date of the maturity and Rs.1,000/- each towards compensation for mental agony and costs as the complainant was driven to the Forum for redressal by the opposite party by their deficient conduct.

6.       Therefore, the complaint is allowed directing the opposite parties jointly and severally to pay to the complainant the matured amount of Rs.7,850/- with 9% interest per annum from the date of the maturity and Rs.1,000/- each as compensation and costs within a month of the receipt of this order, in default the opposite parties shall be jointly and severally liable to pay the awarded amount with 12% interest from the said default till realization of the entire sum to the complainant.

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          Attested Xerox copy of  the Membership Deposit Receipt of the complainant bearing MDR No.01083/IX issued by the opposite party.

Ex.A2          Office copy of Letter dated 18-09-2001 addressed by complainant to opposite party.

Ex.A3          Legal Notice dated 21-04-2003 issued by complainants counsel to the opposite party.

EX.A4         Postal Acknowledgement of opposite party for receipt of the Ex.A3.

List of exhibits marked for the opposite parties:- Nill

MEMBER                                    PRESIDENT                                           MEMBER