Before the District 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
Monday the 29th day of September, 2003
CD No. 48/2003
Segu Suryanarayana,
S/o. C. Subbarayudu,
R/o. H.No. 1-88,
Main Road, Nandyal,
Kurnool Dist. . . Complainant represented by his
Counsel Sri B. Chandrudu.
-Vs-
- The Managing Director,
Medinova Diagnosis Centre,
6-3-652, Kautilya,
Somagiguda, Hyderabad.
. . Opposite party No.1 represented by
- The Divisional Manager, his counsel Sri P.V. Ramana Reddy.
The New India Assurance Company Ltd,
H.D.C.T. Complex,
R.S.Road, Kurnool. . . Opposite party No.2 represented by
his counsel Sri Md. Ishaq.
O RE R E R
This CD complaint of the complainant is filed under section 12 of C.P.Act, 1986 seeking a direction on the opposite party No.1 to pay Rs.5,000/- deposited amount, Rs.2,550/- interest on deposited amount, Rs.5,000/- costs, Rs.20,000/- compensation and any such other relief or releifs which the complainant is entitled in the exigencies of the case.
The case of the complainant is that the opposite parties introduced the Gold Card Service scheme and the complainant joined the said scheme on 29.12.98 by paying Rs.5,000/- on 29.12.1998 and obtained MD receipt No. 08325 /XR for a period of 3 years maturing on 28.12.2001 and on maturity the complainant were to opposite party No.1 office for receiving the said maturity amount but the opposite party evaded making any payment and several visits to the opposite party No.1 office were in vain. A legal notice was caused on 18.7.2002 and it was acknowledged by the opposite party No.1 but the said demand was neither complied nor replied. The opposite party No.2 provided insurance coverage to the members of the opposite party No.1 against loss of life and permanent total disablement due to accident and policy No. 4761040900814 was allotted to the complainant.
The complainant enclosed to the complaint the following documents Viz (1) Gold Card issued by the opposite party No.1 to the complainant (2) two health checkup coupons (3) membership deposit receipt bearing No. 08325/XR issued by the opposite party No.1 (4) provisional receipt dt 28.12.1998 issued by the opposite party No.1 (5) letter dt 23.1.1999 by the opposite party No.1 to the complainant (6) Brocher of Gold card (7) Insurance certificate issued by New India Assurance Co. Ltd., (8) Legal notice dt 18.7.2002 caused on opposite party No.1 (9) postal acknowledgement and postal receipt for the receipt of Ex A.8 and are marked as Ex A.1 to Ex A.9 for their appreciation in this case. The complainant filed his sworn affidavit in iteration of his claim and the documents aforesaid.
The opposite party No.1 inspite of receipt of the notice of this case did not contest the matter by filing any of its written versions denying the truth and bonafides of the complainant’s claim.
The opposite party No.2 after receipt of the notice of this case appeared through their counsel and filed its written version denying the truth and bonafides of the complainant’s case. Even though it issued an Insurance certificate vide policy No. 4761040900814 is Janata Personal accident policy against loss of life and permanent total disability due to accident and the opposite party No.2 is not responsible for refund of the amount of the opposite party No.1. So the present claim is not covered by the policy and the complainant is not entitled to any claim from the opposite party No.2, unnecessarily dragged the opposite party No.2 to this Forum and complaint may be dismissed with costs.
Hence the point for consideration is whether the complainant is entitled to the relief or reliefs sought for:-
The Ex A.3 is the MDR No. 08325/XR envisages a deposit of Rs.5,000/- by Segu Suryanarayana with the opposite party No.1 on 2.12.1998 for the period of three years concluding by 28.12.2001 for a refundable matured value of Rs.7,850/-. After the maturity date the complainant along with the MDR approached the opposite party No.1 for making the payment of said refundable maturity value but the opposite party No.1 did not made any payment though the complainant visited the opposite party No.1 office several times. The Ex A.8 office copy of the legal notice envisages that it was issued seeking the refund of the maturity value of the said MDR as the said amount was not paid to the complainant inspire of complainant’s several visits to the opposite party No.1 office duly submitting the MDR. The receipt of the said legal notice was acknowledged by opposite party No.1 vide Ex A.9. As there is no denial of the claim of the complainant by the opposite party No.1 as the opposite party No.1 remained exparte, it is remaining established conclusively vide the documents marked aforesaid and hence the complainant is remaining entitled to the claim made in this case.
Therefore, the complaint is allowed ordering the opposite party No.1 to pay Rs.7,850/- matured amount of MDR No. 08325/XR dt 29.12.1998 to the complainant within a month of the receipt of this order, in default the opposite party is liable to pay the said amount with 12% interest from the date of maturity i.e 28.12.2001 till realization of the entire amount and Rs.500/- towards costs.
Dictated to the Stenographer, transcribed by him, corrected and pronounced in the Open bench this the 29th day of September, 2003.
PRESIDENT
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex A.1 Gold card issued in favour of the complainant.
Ex A.2 Health Checkup coupon bearing GCID No. GH-083251J (C2) valid upto 28.12.2001 issued by
In favour of complainant by opposite party.
Ex A.3 Membership Deposit receipt bearing No. 08325/XR issued by opposite parties in favour of
complainant.
Ex A.4 Provisional receipt dt 28.12.98 issued by opposite party No.1 to the complainant.
Ex A.5 Letter dt 23.01.1999 addressed by opposite party to the complainant.
Ex A.6 Brocher of Gold Card.
Ex A.7 Certificate of Insurance issued by new India Assurance Co., Ltd.,
Ex A.8 Legal notice dt 18.7.2002 issued by complainant’s counsel to opposite party No.1.
Ex A.9. Postal acknowledgement of opposite party No.1 for receipt of the Ex A.8.
List of Exhibits Marked for the opposite parties : Nil
PRESIDENT
MEMBER MEMBER
