IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 86/10 DATED 11.05.2010<br /> ORDER<br /> <br /> Complainant Dr. M. Chandrashekar, Managing Director, Adithya Adhikari Hospital, Contour Road, Gokulam, Mysore-2.<br /> <br /> (By Sri. M.N.N.G, Advocate)<br /> <br /> Vs. <br /> Opposite Party R.R. Imaging Company, No.F-10, White House, First Floor, St. Marks Road, Bangalore-560001. <br /> (By Sri. L.P, Advocate)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 11.03.2010<br /> Date of appearance of O.P. : 26.03.2010<br /> Date of order : 11.05.2010<br /> Duration of Proceeding : 1 Month 16 days<br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> <br /> 1. Complainant has filed the complaint against the opposite party seeking direction to return the parts of defective X-ray machine, in the alternative to pay Rs.50,625/-, the price along with cost of the proceedings.<br /> <br /> 2. Relevant facts are that, the complainant is a Hospital had X-ray machine. On 09.09.2009, X-ray machine went out of order. The complainant had hired service of the opposite party to get it repaired. On 10.09.2009 the defective parts were replaced. Towards price of the replaced parts, opposite party received Rs.45,000/- and Rs.5,625/- service charges. The X-ray machine was insured with Insurance Company. It was the duty of the opposite party to send back the defective parts to the complainant enabling to get indemnified from the Insurance Company. The opposite party has no right to keep or retain the defective parts, when they have collected price of the replaced parts and so also service charges. In spite of notice, opposite party failed to return the said parts. On these grounds, it is prayed allow the complaint.<br /> <br /> 3. The opposite party in the version has contended that, the complainant is not a consumer. Certain allegations made in the complaint are specifically denied. It is contended that, the complainant had stated that, service charges will be paid immediately after the completion of the work. The opposite party discharged it’s duty by substituting new parts in place of the burnt one and there was no mention in the order of the complainant to return the old and unserviceable parts, to claim insurance. There is no breach of duty and hence, no deficiency in service. The complainant could have collected the parts immediately from the Engineer, when the machine was serviced. It is stated that, the defective parts were burnt. However, it is stated that, the complainant is negligent in not taking possession and custody of the burnt and wornout parts. Other material allegations made in the complaint are specifically denied. Hence, it is prayed to dismiss the complaint.<br /> <br /> 4. To prove the facts alleged in the complaint, the Managing Director of the complainant has filed his affidavit and produced certain documents. On the other hand, Managing Partner of the opposite party has filed his affidavit and produced certain documents. We have heard the arguments of both the learned advocate of complainant and the opposite party and perused the records.<br /> <br /> 5. Now the points arises for consideration are as under:-<br /> 1. Whether the complainant has proved any deficiency in service on the part of the opposite party and that he is entitled to the reliefs sought?<br /> 2. What order?<br /> 6. Our findings are as under:-<br /> Point no.1 : Negative.<br /> Point no.2 : As per the order.<br /> <br /> REASONS<br /> 7. Point no. 1:- Amongst other contentions, opposite party has contended that, the complainant is not a consumer and hence, the complaint is not maintainable. In this regard, the ruling reported in IV (2003) CPJ 149 MC is referred. Hence, we have to decide first, whether the complainant is a consumer and that the complaint is maintainable or otherwise.<br /> <br /> 8. The complainant is Hospital. In second paragraph of the complaint it is stated that, it is a reputed Hospital in Mysore City, serving the public at large in the field of health. Considering this admitted fact, the ruling referred to above needs to be considered.<br /> <br /> 9. In the said ruling C.T. Scanner was defective and it was replaced. The complainant was Diagnostic Services Private Ltd.,. The C.T. Scanner, which was the subject matter of that case, was being used by the complainant Diagnostic Center. Referring the decision of the Hon’ble Apex Court, in that ruling Hon’ble National Commission has held that, use of the goods or commodities with a view to make profit will fall outside the definition of consumer. In the case on hand also, the complainant is a Hospital and the X-ray machine, which is the subject matter of the present case was used by the complainant Hospital to serve the public at large and the parts of the same have been replaced the opposite party. Hence, considering the facts of this case and the ruling referred to by the opposite party noted above, we have no reasons to take a different view. Hence, we are of the opinion that, the complainant is not a consumer and consequently, the complaint is not maintainable. Accordingly, our finding on the point is in negative.<br /> 10. Point No. 2:- From the discussion made above and conclusion arrived at, we pass the following order.<br /> ORDER <br /> 1. The complaint is dismissed.<br /> 2. There is no order as to cost.<br /> 3. Give a copy of this order to each party according to Rules.<br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 11th May 2010)<br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br />