BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

         Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Monday the 25^th day of July, 2011

C.C.No.05/2011

BETWEEN:

M/s. Santhiram Medical College and General Hospital, Nandyal, Rep.by its President/Chairman, M.Santhi Ramudu, S/o Late Linga Murthy, Chairman,

M/s. Santhiram Medical College and General Hospital, Udummalpuram Village-518 501, Nandyal Mandal, Kurnool District.                                                 …Complainant

                    -Vs-

M/s. Vidhai Surgical and Medical Equipments, Represented by its proprietor U.Krishna Prasad, S/o Venkata Siva Ramananda Sarma

D.No.25/35/44/A, Adavi Seshagiri Rao Street, Lakshmi Nagar, Satyanarayanapuram, Vijayawada.                 …OPPOSITE PARTY  

        This complaint is coming on this day for orders in the presence of Sri S.Siva Rama Krishna Prasad, Advocate for complainant and opposite party called absent for upon perusing the material papers on record, the Forum made the following.

                                               ORDER

(As per Smt. S.Nazeerunnisa, Lady Member)

 C.C. No. 05/2011

1. This complaint is filed under section 12 of C. P. Act, 1986 praying

to direct the opposite party:-

1. To refund a sun Rs.4,20,000/- to the complainant with interest at the rate of 24% per annum;

1. To award compensation of Rs.5,00,000/- for deficiency of service caused by the opposite party to complainant;    

1. To costs of the complaint;
2.  
3. To grant such other relief or reliefs as the Hon’ble Forum may deems fit and proper under the circumstances of the case.

2.     Briefly the complainant version is that the complainant is a Medical College attached with a General Hospital consists of 540 beds.  In order to carryout Medical College and Hospital affairs, the complainant needed a C.T. Scan Machine to serve the patient and to teach the operation of the said Machine to the students.  The opposite party approached the Chairman of the College and submitted a proposal for supply of C.T. Tube along with H.T/L.T. cables 01 each for a sum of Rs.12,50,000/- (Twelve lakhs  fifth thousand) to the complainant College.  After due negotiations the opposite party agreed to supply and install the Siemens Somatom C.T. Scan with specialization DURA 202 MV X-Ray tube along with cable H.V+H.V to a cost of Rs.11,60,000/- (Eleven lakhs sixty thousand) including all taxe and duties to the complainant.  The final quotation for the supply C.T. scan tube is mentioned in Ex.A4 dated 13-10-2008.   The deal was concluded at Nandyal on 13-10-2008 in the complainant’s office.  The terms and conditions for deal is that the complainant has to pay 65% of the sale price towards advance and the balance amount has to be paid after the installation and subject to the satisfaction of the complainant.  Accordingly the complainant paid a sum of Rs.4,00,000/- (Four lakhs) by way of D.D.No.005488 and Rs.20,000/- (Twenty thousand) by way of cash on 19-01-2009.  The opposite party issued a cash receipt for Rs.20,000/-(Twenty thousand). Ex.A6 to A9 are the receipts and acknowledgements of Rs.4,20,000/- (Four lakhs twenty thousand) amount to the opposite party.  After the payment of amount, in spite of the best efforts of the complainant’s College the opposite party did not supply the Machinery and the complainant vexed with the behaviour of the opposite party, got issued legal notice on 25-04-2009 which is marked as Ex.A10.  Ex.A11 dated 04-05-2009 is the reply notice issued by opposite party to the complainant with false allegation against the complainant and he has under taken to return the money or to supply the machinery.  The complainant purchased the Machinery from the other sellers so demanded to return the money is Ex.A12 dated 18-06-2009 (reply notice to opposite party).  Though the said reply notice served on the opposite party the opposite party failed to comply the notice and thus the opposite party caused deficiency of service by adopting the unfair trade practice. Hence this complaint is filed.

3.     The complainant filed sworn affidavit and documents marked as Ex.A1 to A13 in support of his case. 

4.     The opposite party called absent and set exparte.

5.     The complainant filed written arguments.

6.     The points for consideration are:-

1. Whether there is any deficiency of service on the part of the opposite party?

1. Whether the complainant is entitled to the reliefs as prayed for?

1. To what relief?

7.     POINTS 1 & 2:- It is the case of the complainant that the complainant College attached with General Hospital consists of 540 beds.  In order to carry out Medical College and Hospital affairs, needed a C.T. Scan Machine to serve the patients and to teach the operation of the said Machine to the students.  The opposite party approached and made a proposal for supply of C.T. Scan tube along with H.T/L.T cables 01 each for a sum of Rs.12,50,000/- (Twelve lakhs  fifth thousand).  The quotation for supply of C.T. Tube for Somatom is mentioned in Ex.A3 and it is finalized and concluded for Rs.11,60,000/- (Eleven lakhs sixty thousand) on 13-10-2008 it is mentioned in Ex.A4.  The complainant accepted the proposal in Ex.A5.  The contract is concluded at Nandyal.  As per the terms and conditions of contract, the complainant has to pay 65% of sale price towards advance and the balance has to be paid after installation of Machine subject to the satisfaction of the complainant.

8.     According to the complainant, the complaint paid Rs.4,00,000/- (Four lakhs) by way of D.D.No.005488 and further paid Rs.20,000/- (Twenty thousand) by way of cash on 19-01-2008.  Both payments were made on the same day.  Ex.A6 is the payment voucher of Rs.20,000/- and Ex.A7 is the acknowledgement letter by opposite party for receipt of Rs.4,00,000/- and Rs.20,000/- and Ex.A8 is the D.D. copy and Ex.A9 is payment voucher of Rs.4,00,000/- (four Lakhs).  As seen from Ex.A6 to A9 it is clear that the complainant paid Rs.4,20,000/- (Four lakhs twenty thousand). In Ex.A7 dated 19-01-20009 the opposite party stated that he received an amount of Rs.4,20,000/-.  It clearly shows that the opposite party satisfied with the part payment made by the complainant and there is no violation of terms and conditions of contract on the part of the complainant.  After considering Ex.A7 letter written by opposite party and Ex.A13 (Message send by opposite party) it is evident that the opposite party did not raise anything about the balance amount.  So it is very clear that the opposite party is not in a position to supply that equipment for which he has taken Rx.4,20,000/- (Four lakhs twenty thousand) as advance.  The opposite party fails to perform the contract in time and not supplied the machinery in time.  There is deficiency of service on the part of opposite party.  

9.      Point No.3:- The complainant is entitled for an amount of Rs.4,20,000/- which he had paid towards advance to the opposite party.

10.    In the result, the complaint is party allowed directing the opposite party to pay Rs.4,20,000/- (Four lakhs twenty thousand) to the complainant  within one month from the date of this order.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the day 25^th of July, 2011.

      Sd/-                                      Sd/-                                    Sd/-

MALE MEMBER                      PRESIDENT                   LADY MEMBER

                                           APPENDIX OF EVIDENCE

  Witnesses Examined

For the complainant : Nill              For the opposite party: Nill

List of exhibits marked for the complainant:-

Ex.A1        Photo copy of Meeting of Governing Body of Shafa Educational Society, Nandyal dated 17-11-2003.

Ex.A2.       Letter of Authority by the Governing body in favour of the

complainant represented by its president       

dated 15-05-2010.

Ex.A3                Quotation for the Supply C.T. Tube for Somatom

dated13-10-2008.

Ex.A4               Final Quotation for the Supply C.T. Tube dated 13-10-2008.

Ex.A5                Photo copy of Acceptance letter dated 13-10-2008 by the

complainant to the opposite party.

Ex.A6                Payment Voucher No.3153 for Rs.20,000/-

dated 19-01-2009.

Ex.A7        Acknowledgement of receipt   of D.D. issued by opposite party along with receipt of Rs.20,000/- in Cash

dated 19-01-2009.

Ex.A8                Photo copy of D.D.No.005488 dated 19-01-2009

                Rs.4,00,000/-.

Ex.A9                Payment Voucher No.2411 for Rs.4,00,000/-

dated 19-01-2009.

Ex.A10       Legal notice dated 25-04-2009 addressed to

opposite party.

Ex.A11       Reply notice dated 04-05-2009 along with postal receipt.

Ex.A12       Reply notice dated 18-06-2009 along with

acknowledgements (2).

Ex.A13       Messages sent by the opposite party to the complainant.

List of exhibits marked for the opposite party:- Nill

         Sd/-                                            Sd/-                                    Sd/-

MALE MEMBER                   PRESIDENT                    LADY MEMBER

// Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

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