Date of Filing:02/05/2011

        Date of Order:14/06/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated:  14^th DAY OF JUNE 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT

SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER

SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER

COMPLAINT NO. 844 OF 2011

Sri. Dr. B.M. Chandrashekar,

S/o. Late B.R. Madaiah,

Aged About 55 years,

“ADARSH”, 1^st Cross, Shankarnagar,

MANDYA-571401.                                                               ….  Complainant.

V/s

1) The Branch Manager,

Tata Motors Finance,

No.2, 2^nd Floor, Prestige Sterling Squire,

Next to Hotel Airlines, Madras Bank Road,

BANGALORE-560 001.

2) Tata Motors Limited,

DGP House, 4^th Floor,

Old Prabhadevi Road,

Mumbai-400025.                                                    …. Opposite Parties.

BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT

-: ORDER:-

The brief antecedents that lead to the filing of the complainant U/s 12 of the Consumer Protection Act seeking direction to the Opposite Party to pay Rs.1,86,157/- with interest at the rate of 15% per annum, are necessary:-

          The complainant is having a medical policy of the opposite parties bearing No.93675599/00005 (Accidental Protection Plan) and it is in force on 24.05.2010.  The complainant met with an accident on 25.05.2010 at 8.45 AM by an Auto Rickshaw bearing No. KA-03-AC-7747.  As a result he sustained bleeding injuries on his right hand.  The said auto rickshaw driver in the guise of giving medical treatment dropped the complainant near a temple and went away.  On request by the complainant his son came and took him to the Fortis Hospital.  On 25.05.2010 the Traffic Police came and registered the case in Crime No.51/2010 as against the Auto Rickshaw driver.  Because of the pain the complainant could not put his signature, but put his LTM on the complaint.  After taking x-ray it was found that the complainant has suffered “communicated fracture, neck of right humorous”, and the complainant incurred an expense of Rs.1,890/- for first aid treatment.  When the complainant approached the opposite parties they have told the complainant to meet the hospital expenses and then they will reimburse the same.  Accordingly the complainant was admitted in Kamakshi Hospital, Mysore, took further treatment between 26.05.2010 to 08.06.2010 for 14 days by spending Rs.42,874.00, took treatment from 17.07.2010 to 18.07.2010 for two days spending Rs.1,673.00, took treatment from 21.09.2010 to 22.09.2010 for two days by spending Rs.6,429.00.  Thus for 18 days he has spent a total sum of Rs.50,976/-.  Further the complainant has spent Rs.720/- as per 6 bills with the covering letter dated: 28.07.2010, spent Rs.3,058/- to Aushad Pharmacy, Rs.1,890/- towards Fortis Hospital.  Thus in all he has spent Rs.56,644/-.  On 09.08.2010 the complainant sent the 10 original documents towards the above and claimed Rs.84,715.50 paise and also informed that one more operation is due to the shoulder as the Doctor advised to take in the first week of September-2010 and further stated that he will be submitting the bills.  The opposite party has sent a letter dated: 30.08.2010 agreeing to pay Rs.35,158/- only which is not correct.  During the course of operation the doctors fixed two K-Wire (Rods) near the right shoulder and also put full bandage on the right hand, the complainant feels lot of pain.  After removal of the rods in the last week of September-2010 by operating for about 2 months the complainant was also advised for full rest by the Physician and there was temporary disability between 24.05.2010 to 18.11.2010 as opined by the Doctors.  The complainant has made following claim:-

In spite of repeated requests, demands and notices the opposite parties has filed to settle the claim.  Hence the complaint.

2.       In brief the version of the opposite parties are:-

          The amount payable under the policy to the complainant was assessed based on the policy terms and conditions.  As per the policy, the complainant is entitled for 12% of the medical bills which he had submitted, amounting to Rs.57,500/-, which will be Rs.6,900/-.  The period of inpatient treatment was from 26.05.2010 to 08.06.2010 and 17.07.2010 to 18.07.2010.  The total number of days inpatientship, when both the admissions to the hospital put together, works out to 16 days.  Hence at the rate of Rs.4,312.50 per week for the sixteen days i.e., for two weeks and two days, the sum of loss of income works out as Rs.9,858/-.  The hospitalization expenses covered per day are Rs.1,150/-, the total is Rs.18,400/- + 6,900/- + 9858 = Rs.35,158/-.  All other amounts and the claims pertains to the subsequent period and treatment.  Hence the complainant cannot have grouse that the entire claim is not paid by the opposite parties and is entitled for the amount claimed.  Unless the claim is made and subjected to scrutiny and decision taken or communicated, the complainant will not get any cause of action to approach this Forum.  Regarding the first part of the claim the opposite parties has sent the cheque to the complainant but the complainant has refused.  All the allegations to the contrary are denied.

3.       To substantiate their respective cases the parties have filed their respective affidavits and the complainant has filed the written arguments.

4.       The points that arise for our consideration are:-

:- POINTS:-

1. Whether there is deficiency in service/unfair trade practice?
2. What Order?

5.       Our findings are:-

Point (A)        :           In the Positive.

Point (B)        :           As per the final Order

                             for the following:- 

-:REASONS:-

Point A & B:-

5.       Reading the pleadings in conjunction with the affidavits and documents on record it is needless to say that the complainant had obtained a car loan on 27.02.2005 from the opposite parties of Rs.2,25,000/-.  In this regard the opposite parties has given a repayment schedule.  The entire repayment schedule reads thus:-

That is to say the price of the car was Rs.3,71,360/-.  The complainant had paid Rs.1,46,360/- as down payment and obtained Rs.2,25,000/- loan from the opposite parties for which he had agreed to pay Rs.32,310/- as total interest and the total amount the complainant has agreed to repay was Rs.2,57,310/- and this amount has to be repaid to the opposite parties in 47 monthly installments of Rs.5,375/- per month commencing from 27.02.2005 and ending on 25.01.2009 and in the last installment he has to pay Rs.4,685/-.  If for any reason the complainant commits default in payment of the amount then he is liable to pay penal interest, etc.,. 

6.       It is further an undisputed fact that in the first installment the complainant should have paid Rs.5,375/- as on 27.02.2005, but the complainant simply stated that he had paid Rs.4,658/-, but he has not stated when he has paid this amount?  On what date he has paid this amount?  Whey there was delay

-: ORDER:-

1. The Complaint is Allowed-in-part.
2. The opposite parties are directed to pay a sum of Rs.10,390/- to the complainant within 30 days from today.
3. The opposite parties are also directed to pay Rs.2,000/- to the complainant towards cost of this litigation.
4. The opposite parties are directed to send the amount as ordered at Serial Nos.2 & 3 above through DD by registered post acknowledgment due to the complainant and submit the compliance report to this Forum with necessary documents within 45 days.
5. Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.
6. Send a copy of this order to both parties free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 14^th Day of June 2011)

MEMBER                                           MEMBER                          PRESIDENT