CC Filed on: 23.08.2010.
Disposed on: 25.01.2011.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.
Dated: 25th Day of January 2011
PRESENT:
Sri. G.V.HEGDE, President.
Sri. T.NAGARAJA, Member.
Smt. K.G.SHANTALA, Member.
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Consumer Complaint No.164/2010
Between:
Sri. H.S. Krishnamurthy, S/o. Late Srinivasa Rao, Aged About 90 years, R/at: HollamballiVillage, Huthur Hobli, Kolar Taluk. (By Advocate Sri.R. Raghupathi Gowda ) | ….Complainant |
-V/s- The Administrative Officer, R.L.JalappaHospital & Research Centre, Tamaka, Kolar. | ….Opposite Party |
ORDERS
This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party to pay a sum of Rs.13,020/- with interest, costs and compensation.
2. The material facts of complainant’s case may be stated as follows:-
That the complainant is aged 90 years and he is a freedom fighter and from few years he is suffering from ill-health and other ailments and he made several requests to Government to provide monitory assistance for his medical treatment. Accordingly by letter dated: 28.01.2010 addressed to OP, a copy of which is marked to complainant, the Deputy Secretary to Chief Minister of our State intimated the complainant that a sum of Rs.15,000/- was being sent to OP Hospital for meeting complainant’s medical treatment and medical expenses. It is alleged by complainant that he was admitted in OP hospital and he himself paid the hospital expenses demanded by OP and it amounted to huge amount and when the complainant made a request for refund of the amount already paid by him after knowing the monitory assistance sent by Government, OP issued a cheque for Rs.1,980/-. It is alleged that the OP did not give any reason for not paying the remaining balance out of Rs.13,020/-. Therefore he filed the complaint.
3. The OP appeared thorough counsel and in spite of granting sufficient opportunity did not file any version. Subsequently we recorded the evidence of complainant.
4. During the evidence the complainant has stated that he spent more than Rs.30,000/- for his treatment and he was repeatedly admitted to OP hospital. Further he stated after coming to know the financial aid sent for his medical expenses, he made a request for reimbursement of the amount paid by him to OP and thereafter OP issued cheque for Rs.1,980/- which he encashed. Therefore he prayed for a direction against the OP to pay the balance amount with costs etc.,.
5. On perusal of the records we are satisfied that the OP hospital must have received cheque dated: 28.01.2010 for Rs.15,000/- from the “Chief Minister’s Relief Fund” to meet the expenses of complainant’s medical treatment. The copy of letter dated: 28.01.2010 addressed to OP hospital, written by Deputy Secretary to Chief Minister establishes this fact. The complainant has also stated that he spent more than Rs.30,000/- by paying cash to OP hospital. Further he stated only Rs.1,980/- was reimbursed by OP. The OP did not file version in spite of appearance before this Forum. The OP or his representative remained absent during the course of hearing. Therefore we have no other go but to accept the case of complainant.
Considering the old age of the complainant the OP hospital was required to give proper reply to the request of complainant before his approaching this Forum. It was at least required to give the reply to the complaint subsequent to this proceedings. Therefore we think a sum of Rs.5,000/- may awarded towards costs and compensation apart from ordering for payment of balance amount of Rs.13,020/-. Hence we pass the following:-
O R D E R
The complaint is allowed. The OP shall pay Rs.13,020/- to complainant and also Rs.5,000/- towards costs and compensation within 30 days from the date of this order. In default, the whole arrears shall carry interest at the rate of 10% per annum from the date of default till the date of payment.
Dictated to the Stenographer, corrected and then pronounced in the Open Forum on this 25th Day of January 2011.
MEMBER MEMBER PRESIDENT
