This consumer Dispute complaint of the complainant is filed under Sec. 12 is of the C.P. Act 1986 for a direction to the opposite party for refund of the maturity amount of M.D.R.No.00901/IX dated 27.7.1998 and the MDR. No.00903/IX dated 11.7.1998 alleging that the complainant themselves joined themselves as members to the “Medinova Gold Card Scheme” depositing Rs.5,000/- and Rs.4,000/- respectively for a period of 3 years and there on the complainants were issued member deposit receipts for deposited amount of its maturity value of Rs.7,850/-  and Rs.6,280/- to 26.7.2001and 10.7.2001 respectively and that the opposite party has paid a deaf ear to refund of their maturity inspite party has paid a deaf ear to refund of their maturity inspite of receipt of duly discharged M.D.Rs and several demand made and the legal notice dated 13.2.2002 for refund of the maturity amount. As the opposite party received amounts in question not only to provide diagnostic services but also to pay that on maturity with overdue interest accrued there on the conduct of the opposite party I not refunding the matured amount is amounting to deficiency of service.

The complainant’s side relied upon, in substantiations of its case documentary record in M.D.R. No.00901/IX, dt.27.7.1998 and the M.D.R No. 00903/IX Dt 11.7.1998 letter dated 26.10.2001and the legal notice dated 13.2.2002 and postal acknowledgment of the legal notice by the opposite party and they are marked for the purpose of their appreciation in this case Ex A1 to Ex A6.

The opposite party in receipt of the notice of this forum subsequently to filling of objection statement as to this case sent a copy of the letter addressed to the complainant No.2 wherein a D.D.No.372795 Dt. 26.10.2002 for amount due RS.7,136/- on Vijaya Bank, Kurnool towards the re-payment of the amount due under the M.D.R.No.0903/IX pertaining to the C.D.No.133/2002requesting the return of the cheque issued earlier i.e., that were mentioned in objection statement after filling objection statement alleging the payment of matured amount with over due interest of RS.8727/- and Rs.7,136/- under cheque No.979756 and 970757 of Bank of Baroda and in full settlement of due and hence seeking the closer of the matters as settled.

The said letter as marked as Ex B1 for the appreciation hence the point for consideration is whether the complaints are entitled to the reliefs as sought for against the opposite party.

The covering letter in Ex B1alleges the sending of demand Drafts mentioned there in toward the amount covered under the cheque No.970756 and 970757 which was mentioned in the objection statement and requiring to return of the said cheque to the opposite party as the due amount settled. The objection statement filed by the opposite party alleges the payment of the due amount with overdue interest to the complainant in full settlement of the claims by the cheques mentioned therein none of their faceted alleged in Ex B1 or the objection statement of the opposite party were ever disputed by the complainants by denying the facts there in by any sworn affidavit or the evidence. Hence the facts mentioned therein remains proved there by inferring the full settlement of the complainants claim keeping nothing to be granted to the complainants as the reliefs from the opposite party. Hence the complaint is dismissed