This C.C coming on before us for final hearing, in the presence of Sri.K.L.Narasimha Rao, Advocate for complainant and of Sri.K.Panduranga Rao, Advocate for opposite party; upon perusing the material papers on record; and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Sri.K.V.Kaladhar, Member)
1. This complaint is filed under section 12-A of the Consumer Protection Act, 1986 with the following averments;
2. The complainant had deposited an amount of Rs.10,000/- on 5-12-1990 under Mediclaim Deposit for a period of 2 years. The opposite party issued mediclaim deposit receipt No.107717 dt.5-12-1999 bearing No.17/90. After maturity period of two years, the complainant will get Rs.12,185/-. After depositing the said amount, the complainant lost the original mediclaim deposit receipt in his house and in spite of his best efforts, he could not traced out and file any claim with the opposite party for the said maturity amount of the deposit till date. The complainant had trace out the original deposit receipt recently and submitted for the payment of due amount under the said deposit till date with interest. The complainant gave notice to the opposite party on 31-5-2007 by registered post for the payment of maturity amount of deposit, but he did not receive either the matured amount or the reply from the opposite party. Hence, this complaint to direct the opposite party to pay an amount of Rs.12,185/- with interest from 5-12-1992 till the date of payment at 24% p.a. and to award an amount of Rs.10,000/-, to awards pain and suffering and to award costs of the complaint.
3. The complainant filed his affidavit along with following documents,
Ex.A.1 - Mediclaim deposit receipt No.17/90, dt.5-12-1990 for Rs.10,000/-
Ex.A.2 - Postal receipt
Ex.A.3 - Acknowledgment
Ex.A.4 - letter addressed by the complainant to the Manager, Andhra Bank,
Kothagudem.
4. After receipt of notice, the opposite party appeared through its counsel and filed counter, by denying all the averments made in the complaint and alleged that the complaint is not maintainable either in law or in facts and as per the admission of the complainant, he deposited an amount of Rs.10,000/- and the complainant did not inform or approach to the bank immediately after the maturity period. The claim is more than 19 years period. There is any record regarding the deposit of amount in the bank, that in spite of best efforts made by the opposite party, old records are not traced, as it is 19 yeas old record. It is further alleged by the opposite party that there is no proof either the complainant approached the bank or received the amount or informed regarding the deposited amount and further stated that it has doubt regarding the genuine of the original deposit form also genuine of the complaint. Hence, he prays to dismiss the complaint with exemplary costs.
5. Upon perusing the material papers on record and upon hearing the arguments on both sides, the point that arose for consideration is,
Whether the complainant is entitled to claim the maturity
amount under medicalim policy along with interest and costs
after the lapse of 19 years?
Point:
6. It is the contention of the complainant that he deposited an amount of Rs.10,000/- on 5-12-1990 vide receipt No.107717 and the date of maturity was 5-12-1992 and maturity value was Rs.12,185/-. It is the contention of the complainant that he lost the original mediclaim receipt in his house and he could not traced out the same and the complainant did not receive any amount from the opposite party. The complainant traced out the original deposit receipt recently and submitted it before the opposite party for the payment and due amount under the deposit, but the opposite party did not made the payment of maturity amount.
7. For this the contention of the opposite party is that if the complainant did not inform or approach to the bank immediately after the maturity period and the claim is more than 19 years old. Hence, there is no deficiency in service on the part of opposite party.
8. In the light of above averments and contentions made in the complaint and counter, it is an admitted fact that the complainant deposited an amount of Rs.10,000/- in the opposite party bank under medi-claim policy, its maturity date was on 5-12-1992 and the maturity value of the deposited amount was Rs.12,185/-. The opposite party did not file any documentary evidence to prove that the complainant had already received the deposited amount along with interest after the maturity period. Any how, the complainant filed original receipt, hence we are of the opinion that the complainant had kept the deposited amount and interest, of Rs.12,185/- in the bank for 19 years. As such, there is no loss to the opposite party regarding the maturity amount. Hence, the entitlement of interest and costs on the maturity amount does not arise, as he himself failed to present the mediclaim deposit receipt after the maturity period before the opposite party.
9. In the result, the complaint is partly allowed, directing the opposite party to pay an amount of Rs.12,185/- (Rupees twelve thousand, one hundred and eighty five only) to the complainant. The rest of the claim regarding interest and costs is dismissed.
Typed to my dictation, Corrected and pronounced by us in the open Forum on this 6th day of May, 2009.
President Member Member
District Consumers Forum, Khammam
APPENDIX OF EVIDENCE
Witnesses examined for complainant and opposite party: Nil
Exhibits marked for complainant:
Ex.A.1 - Mediclaim deposit receipt No.17/90, dt.5-12-1990 for Rs.10,000/-
Ex.A.2 - Postal receipt
Ex.A.3 - Acknowledgment
Ex.A.4 - letter addressed by the complainant to the Manager, Andhra Bank,
Kothagudem.
Exhibits marked for opposite party: Nil
President Member Member District Consumers Forum, Khammam
