Before the District CONSUMERS Forum:Kurnool
Present :Sri K.V.H.Prasad, B.A., LL.B., President
And
Sri R.Ramachandra Reddy, B.Com., LL.B., Member
Friday the 16th day of January, 2004
C.D.No.157/2003
Cuddappa Prathasarathi,
Sri.Balaji Engineering Company,
14-94-15, Main Road,
Kodumur,
Kurnool District. . . . Complainant represented by his Counsel
Sri.Rokop Eswaraiah, Advocate
-Vs-
The Manager,
Medinova Diagnostic Service,
Koutilya 3rd Floor,
Somajiguda,
Hyderabad. . . . Opposite party
O R DE R
1. This Consumer Dispute case of the complaint is filed under section 12 of the C.P. Act seeking a direction on the opposite party to pay Rs.7,850/- with interest and RS.20,000/- towards mental agony and Rs.1,000/- towards costs to the complainant.
2. The brief facts of the complainant’s case are that the complainant deposited an amount of Rs.5,000/- with the Medinova Diagnostice Services, Hyderabad (opposite party) for the period commencing from 18-12-1998 till 17-12-2001 and the opposite party issued Membership Deposit receipt No.01631 dated 18-12-1998 acknowledging the said receipt and assuring payment of Rs.7,850/- on maturity besides providing a Personal Accident Insurance Coverage and a Gold Card providing concessions in diagnostic charges. The opposite party issued an acknowledgement on 15-02-2002 acknowledging the receipt of the matured Membership Deposit Receive of the complainant, but not paid the matured amount. The said deficient conduct of the opposite party not only ensured financial loss, but also mental agony to the complainant and constrained him to resort to the Forum for redressal.
3. In pursuance of the receipt of the notice of this Forum as to this case the opposite party neither appeared in person or through counsel and made any contest of the case by filing any written version and on the other hand remained exparte.
4. The complainant in substantiation of his complaint averments relied upon documentary evidence in Ex.A1 to Ex.A3 besides to his sworn affidavit in reiteration of his case.
5. Hence, the point for consideration is whether the complainant has made out his case of action on the opposite party and his entitleness to the reliefs sough?
6. The Ex.A1 is the provisional receipt of the opposite party for the receipt of Rs.5,000/- from the complainant on 18-12-1998. The perusal of the Ex.A1 says the said payment of Rs.5,000/- was made by the complainant through the Vysya Bank Limited, Kurnool. The fact stated in the Ex.A1 was not rebutted by the opposite party by making any denial and placing of any rebuttal material.
7. The Ex.A2 is the an acknowledgement dated 15-02-2002 issued by the opposite party as to acknowledgement of Membership Deposit Receipt No.01631 dated 17-12-2001 of the complainant and assuring the payment of the matured amount by the post dated cheque which will be sent in due course after the necessary verifications. The supra stated facts stated in the Ex.A2 which envisages the receipt of the mature Membership Deposit Receipt of the complainant by the opposite party acknowledging the liability of the opposite party there under towards the complainant was also not rebutted by the opposite party by any cogent material.
8. The Ex.A3 is the letter of the opposite party dated 22-02-1999 addressed to the complainant. It envisages the issual of Membership Deposit Receipt bearing No.01631 dated 18-12-1998 for the receipt of Rs.5,000/- from the complainant. The contents of Ex.A3 was neither denied nor rebutted by the opposite party by any cogent material.
9. Hence in the cumulative and effective reading of Ex.A1 to Ex.A3 what follows is that of the privy of the complainant with the opposite party under Membership Deposit Receipt No.01631 dated 18-12-1998 receiving deposit of Rs.5,000/- for providing a matured amount if Rs.7,850/- to the complainant on 17-12-2001, but also covering the complainant with the personal Accidental Insurance Coverage, but also with a Gold Card and the diagnostic concessions there under and also the payment of the matured amount to the complainant on efflux of the tenure of the above said M.D.R. receipt. The contentions of the complainant made in the complaint averments and the sworn affidavit as to non-refund of the matured amount by the opposite party to the complainant is also neither denied nor rebutted by the opposite party. Hence there appears every bonafides in the claim of the complainant for the matured amount of the above M.D.R. As the opposite party by his deficient conduct of not paying the matured amount to the complainant as caused mental agony the complainant is remaining entitle to the compensation of Rs.2,000/- towards the mental agony. As the opposite party has not paid the matured amount to the complainant on its maturity the opposite party has not paid the matured amount to the complainant on its maturity the opposite party is also remaining liable to pay the said over-due amount from the date of its maturity with an interest at 9% per annum. As the opposite party has driven the complainant to the forum for the reliefs the opposite party is liable to pay an amount of Rs.1,000/- as costs. The opposite party is granted one month time to make good of the above said award to the complainant, in default the opposite party shall pay the award with interest at 12% per annum from the date of the said default till realization.
Dictated to the Stenographer, Typed to the Dictation corrected by us pronounced in the Open Court this the 16th day of January, 2004.
MEMBER PRESIDENT MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant:- Nil For the opposite party:- Nil
List of exhibits marked for the complainant:-
Ex.A1 Provisional receipt dated 18-12-1998 issued by opposite party to the complainant.
Ex.A2 Acknowledgement dated 1502-2002 issued by opposite party to the complainant.
Ex.A3 Letter dated 22-02-1999 addressed by opposite party to the complainant.
List of exhibits marked for the opposite party:- Nill
MEMBER PRESIDENT MEMBER
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