In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 94 / 2008 1) Smt. Ajita Bhattacharya, 24B, Srikrishna Lane, Kolkata-700004. ---------- Complainant ---Verses--- 1) Medinova Diagnostic Services Ltd., 1, Sarat Chatterjee Avenue, Kolkata-700029. 2) Medinova Diagnostic Services Ltd., Samajiguda, Hyderabad-500082. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member Order No. 1 7 Dated 0 6 / 0 1 / 2 0 1 0. Mrs. Ajita Bhattacharyya, D/o Mr. Sushanta Kr. Bhattacharyya, the Complainant by filing a Petition on 26.03.2008 under Section 12 of the Consumer Protection Act has prayed for full refund of the unutilized amount in the Coupon and the Maturity Amount of Rs. 7,250.00 of Membership Deposit alongwith 15% interest on Compensation of Delayed Cost for filing this Case, and for Compensation of Rs. 10,000.00 and Litigation Cost of Rs. 2,000.00 and balance amount in the Coupon of Rs. 410.00 Maturity Amount of Gold Card with 15% interest of Rs.11,419.00. The Complainant subscribed for Gold Card Membership by Application No. 108889 on payment of Rs. 5,000.00 dated 11.12.1997 on M/s. Standard Chartered Bank to M/s. Medinova Diagnostic Services Ltd. Accordingly, a Deposit Certificate having Membership Receipt No. MDR/06652/VIII was issued for Rs. 5,000.00. Date of Maturity was 10.01.2001 amounting to Rs. 7,850.00 inclusive of interest for 3 years @ 19% (simple) per annum. He again submitted the receipt for redemption on 17.01.2001 alongwith a fresh Application for renewal of Membership for further 3 years with effect from 10.01.2001, although Rs. 500.00 out of the matured value of Rs. 7,850.00 was to be retained as deposit for fresh Gold Membership, and Rs.2,850.00 was returnable, but the returnable amount of Rs. 2,850.00 was not returned to the Complainant inspite of several reminders given by the Complainant. But the Opposite Party made false promise in their letter dated 21.02.2001 to pay back the returnable amount of Rs.2,850.00 within 3 months with overdue interest. The renewed Gold Card Deposit of Rs.5,000.00 earned an interest @ 15% per annum and matured to Rs. 7,250.00 on 10.01.2004. The renewed Membership Deposit Receipt was submitted for redemption on 25.08.2004 but no refund has been made nor any commitment for payment of interest for the delayed period but offered concessions on diagnostic testing charges, perhaps to legalise the policy of keeping the money for indefinite period without paying any interest. Such concession was not availed . The Coupon for Rs. 4,140.00 was issued by O.P. No. 1 on 24.08.2005 for availing testing charges adjusted against the amount mentioned in the Coupon and this was done for rendering service in lieu of balance of the amount of Rs. 2,850.00 alongwith interest, which was returnable on 10.01.2004. Accordingly, the Complainant has filed this case with the aforesaid prayer. The O.P. has contested this case by filing Written Objection on 15.09.2008 challenging the maintainability of the case in its present form and law. It is the specific case of the O.P. that the Membership Deposit Holders agreed and accepted the terms & conditions under the Membership Deposit Receipt that the payment of interest and principal will be made by A/c. cheque only, and the discharged Membership Deposit Receipt must be surrendered at least 15 working days in advance of maturity of the case to the Registered Office and the interest on the Membership Deposit will cease to accrue on the termination of Membership period, and the receipt is neither transferable nor negotiable. And according to the terms & conditions of the Application Form the Membership Deposit amount will be refundable together with simple interest @ 19% per annum upto 35% of the bill amount opted to be adjusted by the Member from time to time. And under the terms & conditions of the Membership Deposit Receipt Certificate the membership period shall not be extended or interest shall not be accrued over the maturity amount at the time of maturity. And the Coupon was a settlement for life-time to be used by the holder or any of his family member or friend, and the balance amount cannot be refunded as it is a one time settlement. It is, therefore, further case that the Branch Office has no authority to repayment of the claim of the Complainant, they can only provide the services as per agreement. DECISION WITH REASONS The main grievance of the Complainant is that the O.P. has not refunded the maturity amount of Rs. 7,250.00 alongwith interest for the unutilised coupon and accordingly she has prayed for refund of balance amount in the coupon of Rs. 410.00 on 22.11.2007 alongwith interest @ 15% for 4 months and maturity amount of Gold Card Deposit of Rs. 7,250.00 plus 15% interest with effect from 28.05.2004 amounting to Rs. 11,419.00, and Compensation of Rs.10,000.00 and Litigation cost of Rs. 2,000.00. Against the contents of the Written Versioin, Mr. Sushanta Kumar Bhattacharyya, the husband of the O.P. submitted an Objection on 12.01.2008 stating therein that on the expiry of 3 years of the Gold Card Membership of the Complainant, the O.P. offered renewal of the same for the second term of 3 years, and simultaneously offered another “Gold Card Plus” for holding back the entire proceeds of Gold Card Deposit Maturity Amount of Rs. 7,850.00 as non-refundable Membership, and the Complainant renewed the Gold Card for the second term on 17.01.2001. But, even inspite of it the O.P. has not refunded the money to the Complainant. We have perused the Membership Receipt of the Complainant granted by Medinova Diagnostic Services Ltd. dated 21.02.2001of the Gold Card No. 09304 dated 10.01.2001 and the validity period of the Gold Card commences from 01.02.2001 to 31.01.2004. We have also perused the letter of the Complainant dated 25.08.2004 requesting the O.P. to refund of Gold Card Membership Deposit Maturity Amount on MR 09304/PR dated 10.01.2001 for Rs.5,000.00 matured value of which is Rs. 7,250.00 on 10.01.2004. Similar is the reflection available from the MR Receipt and the acknowledgement of the same by the O.P. We have also perused the Receipt of Adjustment of Rs. 4,100.00 from the Coupon-cum-Billing Record Card. It is evident on the basis of the averments made out in the Petition of Complaint supported by documentary evidence as noted above that on the expiry of Membership the Complainant renewed the same for the second term for further 3 years with effect from 10.01.2001 to 09.01.2004 and such deposit on renewal for the second term of Gold Card Membership. The balance amounts to Rs. 2,850.00 was not refunded to the Complainant as found from the original Petition of Complaint. Cash Card of Rs. 4,140.00 was accepted by the Complainant on 24.08.2005 in lieu of payment of interest of Rs. 2,850.00 which was to be returned to the Complainant on 10.01.2001 alongwith interest. The said amount of Rs. 4,140.00 was not fully utilized as the laboratory of the O.P. was not N.A.B.L. Further in support of their contention the O.P. has not submitted any documentary evidence. Except filing W.V. alone they have no other documents to rebut the contention of the petitioner which we have already stated established by the averments made out in the Petition of Complaint supported by corroborative documentary evidence. Having due regard to the facts and circumstances and evidence on record we find merit in the case of the Complainant, and accordingly, it must be allowed. Hence, ordered that the Petition of Complaint filed by the Complainant Smt. Ajita Bhattacharyya is allowed on contest. The O.Ps are directed to make full refund of unutilized Coupon and the maturity amount of Rs. 7,250.00 of Membership Deposit alongwith 15% interest and Rs. 410.00 in the Coupon and maturity amount of Gold Card Deposit of Rs. 11,419.00. The Complainant is awarded a Compensation of Rs. 5,000.00 and Litigation Cost of Rs. 2,000.00. The O.P. is directed to make payment of the aforesaid amount positively within 45 days from the date of communication of this Order, failing which it will carry interest @ 10% per annum till full realization. Fees paid are correct. Supply Certified Copy of this Order to the parties on payment of prescribed fees. ____Sd-_____ ____Sd-_______ MEMBER PRESIDENT |
