Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 392 / 2007

1)           Sri Sisir Kumar Bose,

2)           Mrs. Dolly Basu and

3)           Mrs. Mita Ghosh

Resides at :

2A, Nibaran Banerjee Road, Kolkata-26.                ---------- Complainant

1)           The Chief Executive Officer,

M/s Medinova Diagnostics Services Ltd.,

1, Sarat Chatterjee Avenue, Kolkata-29.                ---------- Opposite Party

Present :        Sri S. K. Majumdar, President.

                        Smt. Jhumki Saha, Member.

                        Sri T.K. Bhattacharya, Member

Order No.     2 0     Dated  1 5 / 0 3 / 2 0 1 0 .

Complainants, Sri Sisir Kumar Bose, Mrs. Dolly Basu & Mrs. Mita Ghose (nee Basu) by filing a Petition of Complaint under Section 12 of the Consumer Protection Act, 1986 has prayed for issuing direction upon the Opposite Party, the Chief Executive Officer, M/s. Medinova Diagnostic Services Ltd., 1, Sarat Chatterjee Avenue, P.S. Tollygunge, Kolkata-700 029 to pay sum of Rs. 13,584/- to Sisir Kumar Bose, Rs. 13,546/- to Mrs. Dolly Basu & Rs. 13,546/- to Mrs. Mita Ghose (nee Basu) and to pay contractual simple rate of interest @ 19% p.a. with effect from 01.01.2008 till the date of payment with Litigation Cost of Rs. 15,000/-, i.e., Rs. 5,000/- each, thus making a Grand Total of Rs. 1,35,000/- for causing unnecessary harassment, mental agony and anguish of the Complainants.

          It is the specific grievance of the Complainants that each Complainant deposited Rs, 5,000/- under MDR No. 11340/XR in the name of the Complainant, Sisir Kumar Bose, MDR No. 11341/XR in the name of Mrs. Dolly Basu & MDR No. 11342/XR in the name of Mrs. Mita Ghose (nee Basu) for a period of 3 years @ 19% interest payable by the O.P.. Further, the balance deposited after renewal of MDR No. 6113/III-REG   & 6347/III-REG @ interest 19% p.a.having also been refunded to the Complainants, Sisir Kumar Bose & Dolly Basu even inspite of lying after maturity as the O.P. has not refunded the money to the Complainants they have suffered financial loss and it has also caused mental agony, pain and sufferings to them; and accordingly, they have filed this case, but before filing this case they had also pursued the matter with the concerned authority. But as it did not yield any fruitful result, under compelling necessity the Complainants have filed this case with the aforesaid prayer.

          On the other hand it is the specific case of the O.P. that the Complainants are the holders of those MDRs whose matured amount are Rs. 7,850/-, alongwith principal and interest but they are barred by limitation under Section 24(A) of the Consumer Protection Act.

Their further case is that the Membership Deposit Receipts alongwith the Membership Deposit Certificate were sent to the Complainants which were duly acknowledged by them wherein they have categorically mentioned the terms & conditions stating therein that the payment of interest and principal amount will be made by A/c. Payee Cheque and the discharged Membership Deposit must be surrendered at least 15 working days in advance of the date of maturity at the Registered Office of the Company and the interest on the Membership Deposit will cease to accrue on the termination of the Membership period and the Receipt is neither transferable nor negotiable. The Membership Deposit amount will be refundable together with simple interest calculated @ 19% p.a.; and under no circumstance the Membership period shall be extended or interest shall be accrued over the maturity amount at the time of maturity and those conditions are accepted by the Complainants; and so the Petition of Complaint is liable to be rejected and the case should be dismissed accordingly.

          It is admitted position from the WV filed by the O.P. on 18.07.2008 that the Complainants were the Members of the MDRs whose maturity amount was Rs. 7,850/- each alongwith principal and interest. It is further admitted that the refundable amount together with simple interest is calculated @ 19% p.a. on the Membership amount and under Section 58 of Indian Evidence Act, admitted fact need not be proved. In view of this position it has now become the pertinent question that the claim of the Complainants are quite justified and valid. We have also perused the particulars of the MDR of Sisir Kumar Bose, Dolly Basu and Mrs. Mita Ghose, alias Basu with regard to their MDR and refundable amount and each of the MDR for 3 years and the amount of interest is 19% p.a. (s.i.) till payment. We have also perused the Annexures and it appears from Annexure-B that Sisir Kumar Bose, Member in respect of Certificate MDR No. 11341/J of Rs. 5,000/-, Annexure-B1 for Dolly Basu of the same amount of Rs, 5,000/- and Annexure B2 for Rs. 5,000/- in respect of Mita Basu. It appears from Annexure-C, a letter of the Advocate of the Complainants that the period of Membership Deposits for Sisir Kumar Bose was from 19.12.1998 to 18.12.2001, for Dolly Basu it was from 03.01.1999 to 02.01.2002 and for Mita Basu it was from 03.01.1999 to 02.01.2002, and it is also specifically mentioned that “being surrendered herewith after duly discharging the sum in advance in anticipation of payment of refundable amount of Rs. 7,850/- (Rupees Seven Thousand Eight Hundred Fifty) only per Membership Receipt plus overdue interest in respect of the above 3 Membership Receipts”. And accordingly, there is no difficulty to hold that in view of our observation made above that an admitted position need not be proved. We have also perused the Affidavit in Reply filed by the Complainants against the Objection of the Opposite Party wherein the Complainant Sisir Kumar Bose has categorically made out and established the claim of the Complainants as impleaded in their Original Petition of Complaint under Section 12 of the Consumer Protection Act. It also appears from a letter dated 14.12.1999 addressed to the Complainant, Dolly Basu, Sisir Bose wherein it has been categorically stated “you may please note that the overdue interest is paid from the date of maturity to the date of cheque.

          We sincerely regret for the delay caused in releasing the payment and thank you very much for bearing with us till now.” This is also the specific case of the Complainant which is admitted by the O.P. in their said letter dated 14.12.1999. We have also perused the Brief Notes of Argument submitted by the Complainant on 23.07.2009 and noted its content.

          In view of this position we can come to the conclusion that the acts of the O.P. amounts to deficiency of service and the Complainants are entitled to get the relief as sprayed for.

Hence,                 

ordered :

          that the O.P. is directed to pay Rs. 13,584/- to the Complainant Sisir Kumar Bose, Rs. 13,546/- to Dolly Basu and Rs. 13,546/- to Mrs. Mita Ghose, alias (nee Basu) alongwith the contractual rate of interest @ 19% p.a. with effect from 01.01.2008 till the date of payment, and Compensation of Rs. 15,000/- @ Rs. 5,000/- to each Complainant, and Litigation Cost of Rs. 5,000/- and the Total Amount is to be paid within 45 days from the date of communication of this Order failing which it will carry further interest @ 10% p.a.

          Supply certified copy of this order to the parties on payment of prescribed fees.