<br /> O R D E R<br /> <br /> Smt. C. Lathika Bhai (Member)<br /> <br /> The complainant A.N. Kamalamma, Edathitta Veedu, Thiruvalla has filed this complaint against the opposite parties for getting a relief from the Forum.<br /> <br /> 2 The complainant’s case is as follows:- The complainant is a retired headmistress who had purchased some medicines on 26.4.03, 6.5.03, 16.5.03 and 26.5.03 from the 2nd opposite party. For each purchase, separate bills were issued and the total amount of all the bill was Rs.3,560/-. In all the bills the customers name was written as Kanakamma instead of Kamalamma, complainant brought it to the notice of the 2nd opposite party who made appropriate correction to the bills. The above said bill was presented for medical reimbursement before the educational officer by the complainant. But the application was rejected for the reason stating that over writing seen the name of the complainant’s medical bill. After that the complainant approached the 2nd opposite party to issue fresh bills instead of the corrected bill. But he demanded money for issuing new bills. Complainant was not ready for giving money and she had lost her medical reimbursement due to the negligent Act of the 2nd opposite party. The Act of the 2nd opposite party is a deficiency of service, which caused financial loss and mental agony to the complainant. The 2nd opposite party is the agent of the 1st opposite party and the 1st opposite party is liable for the negligent Act of the 2nd opposite party. Therefore, the complainant filed this complaint for getting an amount of Rs.3,560/-, the medical reimbursement lost, and a compensation of Rs.5,440/- from the 1st and 2nd opposite parties. The complainant prays for getting a relief.<br /> <br /> 3. The 1st opposite party filed a version stating the following contentions:- The complaint is not maintainable either in law or on facts. The complainant has no case against the 1st opposite party as there is any deficiency in service from the part of 1st opposite party, and there is no allegation regarding the quality of medicines purchased from 2nd opposite party and the consumption of that medicine caused any sufferings or loss. There is no principal agent relationship between the 1st and 2nd opposite party. The 1st opposite party is not liable for the rejection of the claim for medical reimbursement of the complainant and the complainant has no case that she had sustained any loss on account of any transaction between the 1st opposite party. Further, his contention is that the complainant does not seek any relief against them. Hence 1st opposite party canvassed for dismissing the complaint. <br /> <br /> 4. The 2nd opposite party has not yet appeared before the Forum and no version has been filed. He remains exparte.<br /> <br /> 5. The points to be considered in this case are as follows:- <br /> (1)Whether this complaint is maintainable before the Forum?<br /> (2)Whether the complainant is entitled to get a relief as sought for<br /> in the complaint?<br /> (3)Compensation & Cost?<br /> <br /> 6. The evidence in this case consists of the oral evidence of the complainant who has been examined as PW1 and the documents produced in support of the complainant’s case which were marked as Exts.A1 to A3(c) series on the basis of the proof affidavit filed by her. For opposite parties, the 1st opposite party was examined as DW1 and Ext.B1 was marked at the time of hearing. After the closure of the evidence, both sides heard.<br /> <br /> <br /> 7. Point No.1:- In order to decide the dispute brought out before the Forum, the complainant is a consumer of the opposite parties and the dispute is a consumer dispute and hence the complaint is maintainable before the Forum.<br /> <br /> 8. Points 2 & 3:- The complainant adduced oral evidence as PW1. PW1 stated that she had purchased some medicines 4 times from 2nd opposite party. Separate bills were issued for each purchase and the bill dated 26.4.03 for Rs.890/- produced by the complainant is marked as Ext.A1, the bill dated 6.5.03 for Rs.890/- produced by the complainant is marked as Ext.A1(a). The bill dated 16.5.03 for Rs.890/- is marked as Ext.A1(b) and bill dated 26.5.03 for Rs.890 produced by the complainant is marked as Ext.A1(c). The bills issued by the 2nd opposite party was in the name of Kanakamma instead of Kamalamma and she noticed the mistake to the 2nd opposite party who corrected it by himself. The bills were presented for medical reimbursement before District Educational Officer, and it was rejected by the reason of overwriting seen in the name of the customer. Copy of the essentiality certificate dated 26.5.03 signed by the Medical Officer, Ayurveda Dispensary, Kadapra produced by the complainant is marked as Ext.A2. The letter dated 1.7.03 from District Educational Officer; Mallappally stating the reason for rejection of medical reimbursement claim is marked as Ext.A3. The O.P card of the complainant from Ayurveda Dispensary, Kadapra dated 15.4.03 produced is marked as Ext.A3(a) and the prescription form signed by the Ayurveda Medical Officer produced by the complainant is marked as Ext.A3(b). The recommendation form for medical reimbursement of the complainant-dated 26.5.03 produced is marked as Ext.A3(c). Ext.A1 series and Exts.A3(a) to Ext.A3(c) are presented for medical reimbursement and it was returned along with Ext.A3 letter. The complainant prays for granting the amount of medical reimbursement along with compensation from the opposite parties.<br /> <br /> 9. PW1 has been cross-examined by the learned counsel for 1st opposite party. At the time of cross-examination, PW1 stated that she had purchased 1st opposite party’s medicine from 2nd opposite party, the agent of 1st opposite party.<br /> <br /> 10. For the opposite parties, 1st opposite party has been examined as DW1 and at the time of cross-examination, DW1 stated that 2nd opposite party is not an agent of them and for the negligent act of the 2nd opposite party, they are not liable and further stated that there is no principal agent relationship between the 1st and 2nd opposite parties <br /> and they are not liable for the financial loss of the complainant. DW1 canvassed for disallowing the complainant’s claim.<br /> <br /> 11. Coming to the documents marked from the side of the complainant, Exts.A1 to A1(c) series are the bills for purchase of a medicine from 2nd opposite party by the complainant. The bills are in the name head of the 1st opposite party’s Pharmaceutical Corporation “Huj[n”. Ext.A2 is the Essentiality Certificate of the complainant signed by the medical officer, Ayurveda Dispensary, Kadapra. Ext.A3 is the letter from Asst. Educational Officer, Mallappally informing the rejection of the medical reimbursement claim. Ext.A3(a) is the O.P. card of the complainant from Ayurveda Dispensary, Kadapra. Ext.A3(b) is the prescription form signed by the medical officer, Ayurveda Dispensary, Kadapra. Ext.A3(c) is the application for medical reimbursement dated 26.5.03 signed by the complainant. <br /> <br /> 12. The evidence from the side of the opposite parties, Ext.B1 is the copy of agreement executed by Dr. George Joseph, Vadakumuri House, Ruby Nagar, Changanacherry (the agent) in favour of the Managing Director, the Pharmaceutical Corporation (IM) Kerala Ltd.<br /> <br /> 13. The complainant filed this complaint for getting the amount ofrejected medical reimbursement and compensation from the opposite parties. The medical reimbursement claim was rejected due to the corrections made over the name of the complainant in the medical bills issued by the 2nd opposite party for the purchase of medicines by the complainant. Ext.A3(a) and A3(b) clearly shows that the complainant had some diseases and she was treated in the Govt. Ayurveda Dispensary at Kadapra. The doctors prescription form, Ext.A3(b) shows the medicines prescribed for her and the medicines purchased from the 2nd opposite party are same as in the medical bills issued by the 2nd opposite party. The name of the complainant in the bill was corrected by the 2nd opposite party and he was reluctant to issue fresh bill hence the complainant’s medical reimbursement was lost by the negligence of the 2nd opposite party and it amounts to a deficiency of service. The 2nd opposite party is the approved agent of the 1st opposite party. The complainant purchased medicines from the 2nd opposite party, the 1st opposite party’s agent. The negligent act of the 2nd opposite party, 1st opposite party is liable to compensate the loss of the complainant. <br /> <br /> <br /> 14. The opposite parties contention that the complainant has not sustained any loss on account of any transaction with 1st opposite party and there is no principal agent relationship between the 1st and 2nd opposite party are not sustainable. Evidence shows that the complainant had purchased the medicine from 1st opposite party’s approved agent and the bill was issued in the name of “Huj[n” Pharmaceutical Corporation. This shows that there is a principal agent relationship between the 1st and 2nd opposite party and the 1st opposite party could not quit from the liability of the loss sustained by the complainant.<br /> <br /> 15. The evidence in this case shows a clear negligence from the part of 2nd opposite party and is a deficiency of service and the complainant has lost her medical reimbursement. Hence the complainant’s prayer can be allowable. Therefore, we are of the opinion that the complainant is entitled to get the amount of the medical reimbursement of Rs.3,560/- along with a compensation of Rs.2,500/- from the 1st opposite party. There is no prayer for allowing cost. Hence no cost.<br /> <br /> 16. In the result, this complaint is allowed, thereby the complainant is allowed to realise Rs.3,560/- (Rupees Three thousand five hundred and sixty only) from the 1st opposite party with interest at 12% per annum from the date of this O.P. till this date and thereafter at 6% interest per annum till whole realisation. The complainant is also allowed to realise compensation of Rs.2,500/- (Rupees Two thousand five hundred only) from the 1st opposite party. The 1st opposite party is directed to pay the amount so awarded within two months from the date of receipt of this order, failing which interest for Rs.3,560/- will have to be paid at the rate of 9% per annum till whole payment.<br /> <br /> Declared in the Open Forum on this the 25th day of August, 2008.<br /> <br /> C. Lathika Bhai,<br /> (Member).<br /> <br /> Sri. Jacob Stephen (President) :<br /> <br /> Sri. N. Premkumar (Member) : <br /> <br /> <br /> Appendix:<br /> Witness examined on the side of the complainant::<br /> PW1 : A.N. Kamalamma.<br /> <br /> Exhibits marked on the side of the complainant:<br /> A1 : Cash Bill dated 26.4.03 for Rs.890/- issued by the 2nd opposite party<br /> to the complainant.<br /> A1(a) : Cash Bill dated 6.5.03 for Rs.890/- issued by the 2nd opposite party<br /> to the complainant.<br /> A1(b) : Cash Bill dated 26.5.03 for Rs.890/- issued by the 2nd opposite party<br /> to the complainant.<br /> A1(c) : Cash Bill dated 16.4.03 for Rs.890/- issued by the 2nd opposite party<br /> to the complainant.<br /> A2 : Photocopy of the essentiality certificate.<br /> A3 : Photocopy of the letter dated 1.7.03 sent by the Asst. Educational Officer,<br /> Mallappally to the Headmistress, Govt. L.P.G.S., Kaviyoor.<br /> A3(a) : O.P. Card dated 15.4.03.<br /> A3(b) : Prescription form signed by the Medical Officer, Govt. Ayurveda Dispensary,<br /> Kadapra.<br /> A3(c) : Application for Medical reimbursement dated 26.5.03.<br /> Witness examined on the side of the opposite parties:<br /> DW1 : Reghunandanan. V. Menon.<br /> Exhibits marked on the side of the opposite parties:<br /> B1 : Photocopy of the agreement dated 17.8.1998 executed by Dr. George Joseph,<br /> Vadakumuri House, Ruby Nagar.P.O., changanassery in favour of the <br /> 1st opposite party.<br /> <br /> <br /> <br /> <br /> <br />