M/s.Gem Hospitals India Pvt.Ltd. rep.by

Dr.C.Palanivelu,

45-A, Pankaja Mill Road, Coimbatore-45. --- Complainant

Vs.

M/s.A.Cube Healthcare Systems, rep.by its

Proprietor Ariff, 29, 1st floor,Govt Arts College

Road, New Extension, Coimbatore-18. --- Opposite Party



This case coming on for final hearing before us today in the presence of M/s.N.Mohanasundaram and P.Jeevanandam, Advocates for complainant and opposite party remained absent and set exparte and upon perusing the case records and hearing the arguments of complainant and the case having stood over to this day for consideration, this Forum passed the following:

ORDER

Complaint under Section 12 of the Consumer Protection Act, 1986 seeking direction against the Opposite party to refund and return the sum of Rs.1,80,000 with 24%p.a. to pay a sum of Rs.1 lakh as compensation for mental agony and to pay Rs.1 lakh being the loss of income and to pay cost of the proceedings.

The case of the complaint are as follows:

1. The Complainant is carrying on profession as an eminent medical hospital, dealing in Gastro Enterology Medical and Advanced Laparoscopic surgery among others at Coimbatore. The opposite party is carrying on business in supplying medical equipments and instruments manufactured by M/s.Nihon Kohden, Japan among others manufactured by other manufacturers in India. On 11.8.07, the opposite party gave a quotation for the supply of Bedsite Monitor Model-Life Scope-i (BSM 2301 K) Basic Unit consisting of 3 Lead ECG Cable, NIBP Paediatric Cuff, Spo2probe, cuff hose, battery etc. specifically known as Multi Parameter Monitors-two in numbers and consisting of all its accessories and offered to supply each unit at the rate of Rs.1,80,000 per unit, nett inclusive of all taxes and install the same free of costs by their trained engineers. The opposite party had agreed and undertook to deliver and install the unit at the hospital of the complainant within 6 to 8 weeks on receipt of the purchase order.

2. The complainant, having satisfied with the function thereof, on 13.8.07, placed an order with the opposite party for supply of two monitors and agreed to pay the price by payment of 50% advance and agree to pay the balance at the time of delivery of the monitor. Consequently, on 13.8.07, the complainant had issued a cheque bearing No.237327 for the sum of Rs.1,80,000 drawn on the bank of India, Coimbatore in favour of the opposite party and another cheque on 25.9.07 for the sum of Rs.1,80,000 bearing No.133173 drawn on the Indus Ind Bank Ltd. Coimbatore in favour of the opposite party. The opposite party had encashed both the cheques issued by the complainant. But the opposite party had supplied only one unit of monitor on 25.9.07 but failed to deliver to another monitor.

Inspite of several repeated request and reminders, the opposite party wantonly deliberately failed and neglected to supply the other monitor. The opposite party failed to deliver the monitor within the stipulated time and committed negligence on his part. The complainant had undergone mental sufferings and agony due to the deficiency of service perpetuated by the opposite party. Therefore the opposite party is liable to pay compensation to the complainant for deficiency in service. The complainant had issued a legal notice on 22.11.08 the opposite party has received it but failed and neglected neither to issue a reply nor to refund the amount. Hence this complaint.

3. The complainant has filed Proof Affidavit along with Ex.A1 to A8 was marked and the opposite party remained absent and set exparte.



The point for consideration is

Whether the opposite party has committed deficiency in service? If so to what relief the complainant is entitled to?

ISSUE 1:

4. The case of the complainant is that the opposite party who is carrying on business in supplying medical equipments and instruments, after receiving money for two units failed to supply one monitor even after repeated requests and demand.

5. Ex.A1 is the original letter sent by the opposite party to the complainant and Ex.A2 is the original copy of quotation given by the opposite party to the complainant. Ex.A3 is the terms and conditions and Ex.A4 is the orders placed by the complainant to the opposite party for the supply of 2 Nos. Bedsite Monitor Model. And Ex.A5 is the legal notice, Ex.A7 and A8 are the Bank statements showing the collection of cheque Nos.237327 and 133137.

The opposite party even after receiving Rs.3,60,000 for two monitors but supplied only one and failed to supply another monitor inspite of several requests. The opposite party failed to deliver the other monitor within the stipulated time. If the opposite party delivered and supplied the other monitor within the stipulated time the complainant would have utilized the same and could have rendered the medical service to the patients. But due to the negligent act committed by the opposite party the complainant had lost the utility of not only the use of monitor but also loss the income. Hence we are of the view that the opposite party has committed deficiency in service and unfair trade practice. Therefore the opposite party is liable to pay compensation for their deficiency in service.

6. In the result, we direct the opposite party to refund a sum of Rs.1,80,000 to the complainant with interest at the rate of 12%p.a. from 25.9.07, direct the opposite party to pay to the complainant a sum of Rs.30,000 being the compensation for the mental agony and sufferings and to pay cost of Rs.1000 within one month from the date of this order failing which the complainant is at liberty to execute this order u/s.25 and 27 of the Consumer Protection Act, 1986.