Date of Filing:17.06.2009<br /> Date of Order:23.07.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 23RD DAY OF JULY 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 1383 OF 2009<br /> <br /> Jackulien Imaculate Saroja Solomon<br /> Flat No. 101, Maria Manor<br /> No. 14, Thambuchetty Road<br /> Cox Town, Bangalore 560 005 Complainant<br /> <br /> V/S<br /> <br /> 1. Cholamandalam MS<br /> Office at ‘Dare House’<br /> 2nd Floor, No. 2, NSC Bose Road<br /> Chennai 600 001<br /> <br /> 2. Cholamandalam MS<br /> 9/1, Ulsoor<br /> Bangalore 560 042 Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> The complainant has filed a complaint stating that she has taken General Insurance from opposite party and policy was valid from 01.09.2008 to 31.08.2009. On December 19, 2008 she suffered a major fracture in her right leg and she was admitted to hospital. X-ray was taken and major operation was carried out. Steel rod was inserted. She submitted that medical insurance claim for Rs. 47,612/- providing all medical expenses, bills along with x-ray film to the opposite party. She had received settlement claim of Rs. 42,945/- to her satisfaction. It is the case of the complainant that the opposite party has not returned x-ray film which is very important for her post operational checkup to assess progress of the healing. The Doctor had also requested the first x-ray film. In order to get back x-ray film she had returned to opposite party several times and also spoken to them on several occasions but no avail. Now the opposite parties are informing that they have misplaced the x-ray film and unable to trace / retrieve the same. Under the above circumstances due to the negligence of the opposite party the complainant has to approach the fora for compensation for fulfilling their commitments in returning x-ray film. Therefore, the complainant prayed for grant of monetary compensation of Rs. 1,00,000/-.<br /> 2. Perused the documents. The complainant has produced letters addressed to the opposite party requesting to return back x-ray film. She has also sent mails to the opposite party requesting the opposite party to return the x-ray film which was submitted to the opposite party. In the email correspondence the complainant stated that she has not received x-ray report which is very important for her further checkup with the concerned doctor. The film is required for checking the progress of the fracture healing and she has requested the opposite party to arrange to send x-ray film without fail. She has also stated in the email sent on 20.04.2009 that if she does not receive x-ray film she will be forced to refer the matter to Consumer Court for their assistance and settlement. The case put up by the complainant has gone unchallenged. The opposite party though served with notice has not appeared and contested the matter. Therefore, there are absolutely no legal hurdles to accept the case of the complainant. Misplacement or loss of x-ray films on the part of opposite party is definitely deficiency of service on their part. Therefore, complainant is entitled for compensation suitably. The complainant requested for grant of Rs. 1,00,000/- compensation for the negligence on the part of the opposite party. The compensation prayed by the complainant is exorbitant. There is no legal basis to seek such an exorbitant and unreasonable amount as compensation for the act of misplacement or loss of x-ray film. However, there is definitely deficiency in service on the part of opposite party in not returning the x-ray film to the complainant. Therefore, on the facts of the case grant of compensation of Rs. 5,000/- will meet the ends of justice. I feel this amount will be just, fair and reasonable compensation that could be ordered for payment. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 3. The complaint is allowed. The opposite parties are directed to pay compensation of Rs. 5,000/- to the complainant within 30 days from the date of this order. In the event of non-compliance of the order within 30 days the said amount carries interest at 9% p.a. from the date of this order till payment / realization. <br /> 4. Send the copy of the order to both the parties free of costs as statutory requirement.<br /> 5. Pronounced in the Open Forum on this 23RD DAY OF JULY 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br /> <br />