Karnataka

Bangalore 4th Additional

CC/09/1316

B.Kamala - Complainant(s)

Versus

The President, Mallaya Hospital. - Opp.Party(s)

16 Apr 2010

ORDER


BEFORE THE IV ADDITIONAL DISTRICT CONSUMERS DISPUTES REDRESSAL FORUM, BANGALORE URBAN,Ph:22352624
No:8, 7th floor, Sahakara bhavan, Cunningham road, Bangalore- 560052.
consumer case(CC) No. CC/09/1316

B.Kamala
...........Appellant(s)

Vs.

The President, Mallaya Hospital.
The Manager (Finance), Medinova Diagnostic Services Ltd.,
Mr.A.Raghava Reddy, S/o A.Shankar Reddy, Managing Director, Medinova Diagnostic Services Ltd.,
...........Respondent(s)


BEFORE:
1. Anita Shivakumar. K 2. Ganganarsaiah 3. Sri D.Krishnappa

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

O R D E R The complainant presented this complaint against the Ops contending that herself and her husband had invested Rs.4000/- and Rs.5000/- respectively with OP 1 a hospital in the year 2000 and those payment s which are paid has deposits matured on 03-02-2003. That they thereafter approached Op 2 for paying the matured value but the OP 2 told them because of financial difficulty they were not able to pay but agreed to issue coupons to Mallya Hospital to make use of them towards hospital expenditure if they incur. That her husband was hospitalized in the Mallya Hospital during 15-10-2007 to 17-10-2007 and he expired on 13-05-2008. That OP 2 had given two coupons and when she gave those coupons to Mallya Hospital for discount of Rs.9,000/- That Mallya Hospital did not accept, therefore they had to pay full cash and thereby has prayed for a direction to the Ops to pay the maturity value of Rs.9000/- and interest of Rs.3000/- and to award cost. During the pendency of this complaint OP 2 appeared through his advocate and filed a memo tendering a DD for Rs.15,198/- towards the claim of the complainant. Thereafter complainant who received the DD reports the receipt of the same without prejudice for further claim. But later on the complainant after filing affidavit evidence has not turned up as such the complaint is taken up for orders. The other OPs have not contested the complaint. As found from the complaint the complainant has claimed principal amount of Rs.9000/- up-to-date interest @ 9% amounting Rs.3000/- and prayed for awarding cost. The 2nd Op in the memo shown the payment of Rs.9000/- as principal and calculated interest up-to date amounting Rs.5198/- and thus calculated cost of this complaint as Rs.1000/- and given DD for Rs.15,198/- . This payment in our view meets the claim of the complainant. The complainant thereafter has not taken interest to prosecute the complaint. Though she has filed her affidavit evidence claiming another sum of Rs.12,563/- . but we find no basis for that claim of the complainant and the complainant has also not substantiated the claim for additional amount as such complaint is to be dismissed as the amount claimed in it since has been paid which is just and reasonable. With the result we pass the following order. O R D E R Complaint is dismissed. Parties to bear their own costs.




......................Anita Shivakumar. K
......................Ganganarsaiah
......................Sri D.Krishnappa