Haryana

StateCommission

A/373/2015

SANDEEP GARG - Complainant(s)

Versus

CRYOBANKS INTERNATIONAL INDIA PVT.LTD. - Opp.Party(s)

K.L.SAINI

05 May 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

 

                                                First appeal No.373 of 2015

Date of the Institution: 24.04.2015

Date of Decision: 05.05.2015

 

1. Sandeep Garg
2. Nisha Garg W/o Sandeep Garg, both residents of h.No.285/10, Tadan Gate near Talai Bazar, Kaithal.

                                                                             .….Appellants

 

Versus

 

1. Cryobonks International India Private Limited having its registered office at F-2/7, Okhla, Industrial Area Phase-I, New Delhi-11020.
2. Vipul Sah (Crypobank Sales representative), Crypobanks International India, Private Limited 129-Pace City-1, Sector 37, Gurgaon, Haryana.
3. Anil Hota (Cryobank Sales Representative), Cryobanks International India, Private Limited 129-Pace City-1, Sector-37, Gurgaon, Haryana.

                                                                             .….Respondents

CORAM:    Mr.R.K.Bishnoi, Presiding Judicial Member

                    Mrs. Urvashi Agnihotri, Member

 

Present:-    Mr.K.L.Saini, Advocate for the appellants.

 

O R D E R

R.K.Bishnoi, JUDICIAL MEMBER:

 

          Delay of 21 days is condoned for the reasons stated in the application for condonation of delay.

2.      It is alleged by the complainant that Opposite PartyNo.1 (O.P.No.1)/Respondent No.1 approached them for getting stem cell storage through Cryo Bank and demonstration was given by O.P.No.2.  On 26.01.2014 O.P.No.2 gave a new offer to the effect that if agreement was signed on that day they would get free storage service of 26 years instead of 21 years by paying Rs.45,000/- with extra Rs.5000/- which would cover post birth medical test of their baby.  On 24.02.2014 they called O.P.No.2 for assistance regarding contact details of paramedic guy based out at Kaithal, but, O.P.No.2 refused to give details and asked to call 3-4 hours before delivery.  On 28.02.2014 at about 7.30 P.M. O.P.No.2 was called to arrange paramedic guy at hospital,  address of which was already provided.  When O.P.No.2 was again contacted he asked them to talk to seniors through conference call and was asked to note down the details of client service head.  It was assured that it would be there within 30 minutes, but, nobody came till 10.15 P.M. somebody told that sample collector was coming from Panipat, which was at a distance of about 100 K.M and two hours was to be consumed to cover the distance.  At about 12.15 A.M Cryo Bank team told that they could not come due to some emergency and baby was delivered at 12.59 A.M. They obtained this policy because storage of stem cell was useful for unforeseen emergency in future. Cost of the sample was more than Rs.25 lacs.  Legal notice was sent to O.Ps., but, to no result.  They suffered loss of more than Rs.25 lacs, but, were claiming Rs.20 lacs only.

3.      O.Ps. filed reply controverting their averments and alleged that complainant was told in the very beginning that there was no paramedic person  of O.P. based in Kaithal. They have concocted false and frivolous story.

4.      After hearing both the parties, learned District Consumer Disputes Redressal Forum, Kaithal  (In short “District Forum”)  allowed the complaint and ordered as under:-

“Thus, in view of above discussion, we allot the complaint  and direct the Ops to refund the amount of Rs.50,000/- along with interest @ 8% p.a. from the date of deposit of said amount i.e. 26.01.2014 and further to pay Rs.2,00,000/- (Two lacs) on account of lump sum compensation for harassment, mental agony and cost of litigation charges.”

5.      Feeling aggrieved therefrom, O.Ps. have preferred this appeal alleging that compensation awarded by the learned District Forum, Kaithal  was on lower side. They should have been granted compensation as prayed by them because complainant No.2 suffered with pain for very long time.

6.      Arguments heard. File perused.

7.      It may be mentioned here that as per Annexure I, attached with the file, the agreement was executed in between  Cryobanks International India Private Limited as first part and Mrs. Nisha wife of Sandeep as second part.  Complainant Sandeep Garg was not party to that agreement.  However from the perusal of impugned order dated 23.02.2015 it is clear that O.Ps. have been directed to refund the amount paid by the complainants alongwith interest.  It is also directed that they should pay Rs.Two lacs on account of harassment etc. The amount awarded by the District forum is sufficient to meet the ends of justice.  Complainants have miserably failed to show that their loss was  Rs.25 lacs or 20 lacs as alleged in the complaint. There is no merit in the appeal and the same is hereby dismissed in limine.

 

May 05th, 2015

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Presiding Judicial Member Addl.Bench

S.K.