Kerala

Thiruvananthapuram

CC/19/437

Muhammed Hamsa - Complainant(s)

Versus

Anchor Associates - Opp.Party(s)

30 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

 

               SRI.P.V.JAYARAJAN            : PRESIDENT

          SMT.PREETHA G NAIR     : MEMBER

                                     SRI.VIJU.V.R                      : MEMBER

 

CC.NO.437/2019 (Filed on : 03.12.2019)

ORDER DATED : 30.06.2022

 

COMPLAINANT

 

Muhammed Hamza,

S.R.House, VKRA – 181 B,

Vazhottukonam, Vattiyoorkavu.P.O

Thiruvananthapuram – 13

 

(Party in person)

VS

OPPOSITE PARTY

 

Anchor Associate,

Shop No.68, City Plaza Building,

          Opposite  Metro scan,

          Medical College.P.O,

          Thiruvananthapuram

          (Exparte)

                                                ORDER

SRI.P.V.JAYARAJAN      : PRESIDENT

1. This complaint is filed under section 12 of Consumer Protection Act 1986 and stood over to this date for consideration and this Commission passed the following order.

2.       The complainant’s case is that on 18.10.2019 the complainant met with an accident and sustained injuries. He was treated at Medical College Hospital, Thiruvananthapuram. The complainant has undergone a surgery in which his relatives purchased some surgical materials from the opposite party by paying Rs.15,001/-. As the complainant is a subscriber of Karunya Arogya Suraksha Padhathi, he is entitled for the refund of the entire amount. Subsequent to the treatment the complainant’s wife approached the opposite party for reimbursement of the amount. At that time the opposite party refused to heed the request and insulted the complainant’s wife stating that the complainant’s wife approached the opposite party for reimbursement after surgery done by the amount collected by begging. The opposite party was not ready to take any steps to get the reimbursement of the amount and they refused to accept the bill submitted by the complainant’s wife. Alleging deficiency in service and unfair trade practice on the part of the opposite party the complainant approached this Commission for redressing his grievances.

3.       After admitting the complaint, notice was issued to the opposite party. Though vakalath was filed on behalf of the opposite party on 22.01.2020 till 10.01.2021 the opposite party failed to file version and hence on 11.03.2022 this Commission declared the opposite party as exparte.

4.       The evidence in this case consists of PW1 and Exts.P1 to P3. The opposite party being declared exparte, there is no oral or documentary evidence from the side of the opposite party.

The issues to be considered in this case

1. Whether there is any deficiency in service or unfair trade practice on the part of the opposite parties.
2. Whether the complainant is entitled for the relief claimed in the complaint.
3. Ordered as to cost.

              4. Heard. Perused records. To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts.P1 to P3 marked. Ext.P1 is the copy of bill dated 30.10.2019. Ext.P2 is the copy of Karunya scheme card. Ext.P3 is the copy of the requirement of medicine and other consumables. Ext.P1 proves the payment of Rs.15,001/- by the complainant to the opposite party.  Through Ext.P2, the complainant has established that he is a beneficiary of Karunya Arogya Suraksha Padhathi. Ext.P3 shows the details of consumable articles. By swearing an affidavit as PW1 and marking Exts.P1 to P3, we find that the complainant has succeeded in establishing his case. There is no contra evidence from the side of the opposite party to discredit the evidence adduced by the complainant. Hence we are accepting the evidence adduced by the complainant. In the above circumstances, we find that this is a fit case to be allowed in favour of the complainant in the absence of contra evidence from the side of the opposite party.

                 In the result, the complaint is partly allowed. The opposite party is hereby directed to refund Rs.15,001/- to the complainant with 6% interest from 30.10.2019 with Rs.5000/-compensation and Rs.2500/- being the cost of this proceedings within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order, till the date of remittance / realization.   

            A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

        Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 30^th day of June 2022.

                                                                                              Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                      Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                          Sd/-

                          VIJU.V.R        : MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

be/

 

 

 

APPENDIX

CC.NO.437/2019

List of witness for the complainant

PW1            - Muhammed Hamza

List of Exihibits for the complainant

Ext.P1         - Copy of bill dated 30.10.2019

Ext.P2         - Copy of Karunya scheme card

Ext.P3         - Copy of requirement of medicine and other consumables.
List of witness for the opposite party - NIL

List of Exhibits for the opposite party- NIL

Court Exhibits                                   - NIL

 

                                                                                              Sd/-

PRESIDENT