| Complaint Case No. CC/10/70 |
| | | | 1. 1. Medi Venkatnarayana, S/o. Pakeeraiah, Age: 50 years, Occu: Contractor | | Medi Venkatnarayana, S/o. Pakeeraiah, Age: 50 years, Occu: Contractor | | Khammmam | | Andhra Pradesh | | 2. 2. Medi Sarala Kumari, W/o. Venkata Narayana, | | 2. Medi Sarala Kumari, W/o. Venkata Narayana, Age: 48 years, Occu: Govt. Employee, R/o. H.No.10-4-116/8, Mamillagudem, Khammam town and District. | | Khammam | | Andhra Pradesh |
| ...........Complainant(s) | | Versus | | 1. 1. The Manager, Medinova Diagnostic Centre,Wyra Road, Khammam. | | The Manager, Medinova Diagnostic Centre,Wyra Road, Khammam. | | Khammam | | Andhra Pradesh | | 2. 2. The Managing Director, Medinova Diagnostic Services., Ltd.,Hyderabad. | | 2. The Managing Director, Medinova Diagnostic Services., Ltd., Hyderabad | | hyderabad | | Andhra Pradesh |
| ............Opp.Party(s) |
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| ORDER | | BEFORETHE DISTIRCT CONSUMERS FORUM AT KHAMMAM Dated this, the 2nd day of December 2010. CORAM: 1. Sri Vijay Kumar, B.Com, L.L.B., President 2. Smt. V. Vijaya Rekha, B.Sc. B.L., Member 3. Sri R. Kiran Kumar, B.Sc., L.L.B., Member C.C.No.70/2010 Between: 1. Medi Venkatnarayana, S/o Pakeeraiah, Ae:50years, Occ:Contractor. 2. Medi Saralakumari, W/o Venkata Narayana, Age:48years, Occ:Govt. Employee. Both are R/o H.No.10-4-116/8, Mamillagudem, Khammam Town and District. …. Complainants. And 1) The Manager, Medinova Diagnostic Center, Wyra Road, Khammam. 2) The Managing director, Medinova Diagnostic Services Ltd., Hyderabad. … Opposite parties. This C.C. is coming on before us for final hearing in the presence of Sri Y. Kishore Babu, Advocate for the complainant and opposite party No.1 called absent and notice of opposite party No.2 not returned; upon perusing the material papers on record; upon hearing the arguments and having stood over for consideration this forum passed the following: ORDER (Per Sri R. Kiran Kumar, Member) This complaint is filed u/s.12-A of Consumer Protection Act, 1986. The averments made in the complaint are that the complainants are husband and wife, they had joined as members of the Gold Card Scheme run by the opposite parties, each of the complainants had paid a sum of Rs.5000/- on 21-12-1998, vide membership deposit receipts No.00838/X and 00839/X issued by opposite parties. The period of membership being from 21.12.1998 to 20.12.2001 and on expiry of period, a sum of Rs.7,851/- is liable to be refunded by the opposite parties to each of the complainant, as per the terms and conditions of the scheme. On expiry of membership period, the complainants made several attempts for refund of the said amount. On 08-03-2004, the opposite party informed that they are arranging for payment vide post dated cheques for one year to be sent in a couple of months and also asking the complainants to avail services @50% in case of members and 20% in case of nominees, till the date of cheque. The cheques, as promised by the opposite parties were not sent. As per the contents of the letter dated 08-03-2004, the complainants had availed the services of opposite parties on 06-08-2006, 28.02.2007, 05.08.2007 and on 20.12.2008. And also submitted that the opposite parties are bound to arrange payment of the refundable amount Rs.7,850/- to each of the complainants. The efforts made by the complainants to get the payment in respect of refund amount proved in vain. The opposite parties are unresponsive for the requests of the complainants. Therefore, there is no hope of refunding the amount of Rs.7,850/- each to the complainants from the opposite parties, the complainants approached the Forum for redressal. 2. On behalf of the complainants, the following documents are filed and marked as Ex.A1 to A4. Ex.A1:- Photo copy of membership deposit receipt No.00838/X for Rs.5000/-, dt.21-12-1998. Ex.A2:- Photo copy of membership deposit receipt No.00839/X for Rs.5000/-, dt.21-12-1998. Ex.A3:- Photo copy of acknowledgement issued by opposite party No.2, dated 08-03-2004. Ex.A4:- Photo copy of investigations cash receipts [2 Nos.] issued by opposite party No.1, dt.20-12-2008. 3. On receipt of the notices, the opposite parties appeared through their legal officer and requested time for filing counter. On 23-09-2010, on request of counsel for opposite party, the matter was posted for settlement to 07-10-2010. After 07-10-2010, none appeared on behalf of opposite parties even after granting so many adjournments. 4. Upon perusing the material papers on record, now the points that arose for consideration are, 1) Whether the complainants are entitled for the claim? 2) To what relief? Point No.1:- In this case, the complainants had joined as members in Gold Card Scheme, run by the opposite parties by paying an amount of Rs.5000/- each on 21-12-1998. As per the conditions of the scheme after maturity i.e. 20-12-2001, the opposite party will pay the amount of Rs.7,850/- to each of the complainants. The same was admitted by the opposite parties in their acknowledgement dated 08-03-2004 [Ex.A3] and also in their acknowledgment the opposite parties requested the complainants that they are going to arrange for payment vide post dated cheque for one year, in the meanwhile the complainants are at liberty to avail services @50% in case of members and 20% in case of nominees till the date of cheque. On that the complainants availed the services till 20-2-2008. Even after lapse of a long period, the opposite parties failed to pay the amount as agreed by them in acknowledgement, dated 08-03-2004 [Ex.A3]. It is for the opposite parties to establish as to what prevented them to make the payment of the maturity amount. Evenafter completion of maturity period, nonpayment of amount is nothing but deficiency in service on the part of opposite parties. In view of the aforesaid reasons this point is answered accordingly in favour of the complainants. Point No.2:- In the result, the complaint is allowed in part, directing the opposite parties to pay the maturity amount of Rs.7,850/- to each complainant @9% p.a. from the date of maturity i.e. from 20-12-2001 till the date of payment and also awarded Rs.1000/- towards costs of the litigation to each complainant. Dictated to the steno, transcribed by her, corrected and pronounced by us in the open forum, on this 2nd day of December, 2010. PRESIDENT MEMBER MEMBER DISTRIC CONSUEMRS FORUM, KHAMMAM APPENDIX OF EVIDENCE Witnesses examined for complainant: None Witnesses examined for opposite party: None Exhibits marked for Complainant: Ex.A1:- Photo copy of membership deposit receipt No.00838/X for Rs.5000/-, dt.21-12-1998. Ex.A2:- Photo copy of membership deposit receipt No.00839/X for Rs.5000/-, dt.21-12-1998. Ex.A3:- Photo copy of acknowledgement issued by opposite party No.2, dated 08-03-2004. Ex.A4:- Photo copy of investigations cash receipts [2 Nos.] issued by opposite party No.1, dt.20-12-2008. Exhibits marked for opposite parties: -Nil- PRESIDENT MEMBER MEMBER DISTRIC CONSUEMRS FORUM, KHAMMAM. | |
