BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 13/06/2011

Date of Order : 30/04/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 304/2011

Between

And

O R D E R

A. Rajesh, President.

1. Briefly stated, the case of the complainant is as follows :-

The opposite parties introduced a Cancer Health Scheme and the same was published in newspapers. The complainant joined the scheme and he paid membership fee of Rs. 1 lakh. On receipt of the membership fee, the opposite parties issued a membership certificate to the complainant on 01-01-2005. The scheme clearly specifies that free treatment allowance of Rs. 2 lakhs will be provided and Rs. 2 lakhs will be refunded, if the facility is not used. The complainant has not taken any treatment as per the membership and thus he is entitled to get Rs. 2 lakhs from the opposite parties after the expiry of 5 years from the date of joining the scheme as promised by the opposite parties. In spite of repeated demands, the opposite parties failed to pay the amount to the complainant. So, the complainant is entitled to get Rs. 2 lakhs with interest together with compensation of Rs. 10,000/- and costs of the proceedings. This complaint hence.

2. The version of th opposite parties :

The complainant is not a consumer as per the provisions of the Consumer Protection Act. The remedy of the complainant is to approach a Civil Court since the complaint is only for settlement of accounts. As per the scheme, the complainant and his family members alone are entitled for free treatment. However, the complainant has approached the opposite parties trying to persuade them to treat the distant relatives of the complainant, but it was not possible as per the scheme. After the expiry of 5 years, the opposite parties were ready to refund Rs. 1 lakh. The Consumer Disputes Redressal Forum, Thiruvananthapuram alone has jurisdiction even to entertain this complaint. The complainant is not entitled to get any of the reliefs as sought for.

3. No oral evidence was adduced by the parties. Exts. A1 to A6 were marked on the side of the complainant. Heard the counsel for the complainant.

4. The points that emanated for consideration are as follows :-

1. Whether the complaint is maintainable in this Forum?

2. Whether the complainant is entitled to get refund of Rs. 2 lakhs with interest from the opposite parties?

3. Whether the opposite parties are liable to pay compensation and costs of the proceedings to the complainant?

5. Point No. i. :- Ext. A1 is the newspaper advertisement published by the opposite parties. According to the complainant, believing the assurances of the opposite parties, he paid Rs. 1 lakh to the opposite party to join the scheme. The opposite parties did not controvert the same. Since the opposite parties have published advertisement within the jurisdiction of this Forum, this Forum has jurisdiction to entertain this complaint. So, the contention of the opposite party that Consumer Disputes Redressal Forum, Thiruvananthapuram alone has jurisdiction goes. The other contention raised by the opposite parties that the present complaint is for settlement of accounts and not maintainable in a Consumer Disputes Redressal Forum is unsustainable. Since their prior contention agrees to a jurisdiction of the Consumer Disputes Redressal Forum, Thiruvananthapuram which has been annulled for observation above. In view of the above, it is substantiated that this Forum has jurisdiction to adjudicate this complaint. So we go forward.

6. Point No. ii. :- According to the complainant, he joined the Cancer Health Scheme by paying Rs. 1 lakh to the opposite parties on 31-12-2004 and since he has not availed any treatment within the currency of the scheme, he is entitled to get Rs. 2 lakhs as on 31-12-2009 evidenced by Ext. A2 membership certificate. After the expiry of the scheme, the complainant caused Ext. A6 letter to the opposite parties demanding to pay the amount as per Ext. A2 membership certificate. However, the opposite party offered to continue with another scheme by depositing the maturity amount. The complainant was not willing to that. Ext. A2 membership certificate would show that the opposite parties agreed to pay Rs. 2 lakhs on 31-12-2009, in which they have failed. No statutory or satisfactory explanation is forthcoming on the part of the opposite parties in not paying the amount as per Ext. A2. The opposite parties are contractually and legally liable to pay Rs. 2 lakhs to the complainant with interest at the rate of 12% p.a. from 31-12-2009.

7. Point No. iii. :- Since, the primary grievance of the complainant is only for the compliance of Ext. A2 agreement the compensation and costs of the proceedings do not seem to be pressed for if the primary grievance is met.

8. In the result, we partly allow the complaint and direct that the opposite parties shall pay Rs. 2 lakhs (Rupees Two lakhs only) to the complainant together with interest at the rate of 12% p.a. from 31-12-2009 till realisation.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 30^th day of April 2012

Forwarded/By order, Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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