Date of Filing : 24-08-2012
Date of Disposal : 27-07-2015
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM::ONGOLE
PRESENT: Sri P.V. KRISHNA MURTHY, B.A.,B.L., President
Sri K. UMAMAHESWARA RAO, M.A.,B.L., Member
This the 27th day of July, 2015
C.C.No.60/2012
BETWEEN
Dr. Chunchu Chalamaiah,
Secretary, Indian Red-Cross Society,
Aged 70 years,
Hindu, Near SBI Main Branch,
Praksam District Branch,
Ongole. … Complainant
Vs.
Ch. S.V.S. Mukharjee Babu,
Beckman Diagnostics & Medical Systems,
D.No.29-12-45/1,
1st floor, Venkatarathnam Street,
Surayaraopet,
Vijayawada-520002. …Opposite Party
This complaint under Sec.12 of the Consumer Protection Act, 1986 coming on 17-07-2015 before us for hearing in the presence of Sri M. Gangadhara Rao, advocate for complainant and the opposite party remained ex-parte and having stood over for consideration till this day and this Forum made the following:
ORDER
(ORDER BY Sri K. UMA MAHESWARA RAO, MEMBER)
1. The brief averments of the complaint are as follows:
The opposite party is the proprietor of Beckman Diagnostics & Medical Systems at Vijayawada and also an authorized dealer of Remi Sales & Engineering for selling the medical equipment. The complainant requested the opposite party to furnish quotation regarding equipment for blood bank on 08-02-2012. The opposite party sent quotation dated 13-02-2010. The complainant placed order for purchasing blood storage refrigerator, tube sealer, elisa reader, blood collection pouches and incubator on 29-04-2010. The opposite party demanded payment through a letter. The complainant paid the entire amount of Rs.6,01,109/- through a cheque drawn on Syndicate Bank, Ongole, dated 17-07-2010. The cheque was encashed by the opposite party on 22-07-2007. The opposite party sent only blood storage refrigerator and elisa reader only. The refrigerator was not installed by the engineer of the opposite party and the same was not working since April, 2011. The complainant requested the opposite party to send the remaining items. The opposite party sent tube sealer, other items were not supplied. The same amounts to deficiency of service. Hence, the complaint for supply of pouches and incubator, for payment of interest, compensation and costs.
2. The opposite party did not contest the matter after receiving the notice.
3. Now the point for consideration is “Whether the opposite party committed a deficiency of service?”
4. The complainant filed his chief affidavit and marked Exs.A1 to A12. No evidence was adduced by the opposite party.
5. POINT: The complainant counsel stated that the opposite party received an amount of Rs.6,01,109/- (Rupees Six Lakhs One Thousand One Hundred and Nine only) from the complainant for supply of lab equipment, for which he send one blood storage refrigerator and elisa reader. But, the said blood storage refrigerator was not functioned due to damage. The opposite party fail to supply the 6 No’s blood pouches and Incubator. The complainant further stated that though, the opposite party received the entire amount and fail to furnish the lab equipment which amounts to deficiency on the part of the opposite party. So, the complainant prays the forum to allow the complaint as prayed.
As per the pleadings and evidence on record, we can understand that the opposite party fail to furnish the lab equipment i.e., 6 No’s. blood collection pouches and incubator to the complainant inspite of full payment and also fail to replace the blood storage refrigerator to the complainant since April,2011 as alleged by the complainant. So, the acts of the opposite party i.e., failure to supply the lab equipment and failure to replace the blood storage refrigerator to the complainant in working condition which amounts to deficiency of service. Hence, the point is answered in favour of the complainant.
6. In view of the facts and circumstances of the case, we are of the view that the opposite party is directed to refund the cost of 6 No’s. blood collection pouches and incubator, and also replace the blood storage refrigerator to the complainant in a good condition. In this case the complainant claimed an amount of Rs.5,000/- towards phone and email charges. But the complainant did not produce any bill to that effect. The complainant also claimed Rs.1,00,000/- towards deficiency of services. In our view and amount of Rs.5,000/- is sufficient for deficiency of services. The complainant also claimed Rs.2,00,000/- for compensation, Rs.10,000/- for costs. In these circumstances the complainant is entitled an amount of Rs.5,000/- for compensation and Rs.1,000/- for costs.
7. In the result, the complaint is partly allowed, directing the opposite party to refund the cost of equipment or supply the 6 No’s. blood collection pouches, incubator to the complainant, and replace the blood storage refrigerator to the complainant in a working condition and also to pay Rs.5,000/- for deficiency of services and Rs.5,000/- for compensation along with costs of Rs.1,000/- to the complainant within 30 days of receipt of this order, failing which the complainant is entitled interest @ 12 % p.a., till realization.
Dictated to the Stenographer, typed by her and corrected and pronounced by us in the Open Forum this the 27th day of July, 2015.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED FOR COMPLAINANT:
P.w.1: 27.04.2013 Dr.Chunchu Chalamaiah, aged 70 years, Secretary, Indian
Red-Cross Society, Prakasam District Branch, Ongole.
WITNESS EXAMINED FOR OPPOSITE PARTY:
NIL
EXHIBITS MARKED FOR COMPLAINANT:
Ex.A1 13-02-2010 Photocopy of quotation of Beckman
Diagnositcs & Medical Systems.
Ex.A2 Photocopy of authorization letter of Beckman
Diagnositcs & Medical Systems.
Ex.A3 29-04-2010 Photo copy of letter issued to the opposite
party by the complainant.
Ex.A4 08-07-2010 Photocopy of letter issued to the complainant
by the opposite party.
Ex.A5 19-07-2010 Photocopy of letter with payment particulars
by the complainant to the opposite party.
Ex.A6 07-12-2010 Photocopy of letter for supply of equipment
to the opposite party by the complainant.
Ex.A7 19-05-2011 Photocopy of letter for supply of equipment
to the opposite party by the complainant.
Ex.A8 14-07-2011 Photocopy of letter for supply of equipment
and repair of blood storage refrigerator to the opposite party by the complainant.
Ex.A9 08-09-2011 Photocopy of representation to the District
Supply Office, Ongole, by the complainant, with regard to non-supply of items etc. by the opposite party.
Ex.A10 30-03-2012 Office copy of legal notice to the opposite
party.
Ex.A11 Speed post receipt.
Ex.A12 Postal acknowledgment.
EXHIBITS MARKED FOR OPPOISTE PARTY
-NIL-
Sd/-
PRESIDENT
Copies to:
1) Complainant.
2) opposite party.
Date when free copy was issued:
