Present :      Sri. C.T. Sabu, President

                                                Smt. Sreeja. S., Member

                                                Sri. Ram Mohan R, Member

24^th day of February 2023

CC 351/21 filed on 07/10/21

Complainants:       1.       Sajush Mathew, Padannamakal House,

                                      Chavakkad Taluk, Post Chakakandum,

                                      Thrissur- 680 522.

                             2.       Mary Jyothi Joseph, Chowallur House,

                                      Chavakkad Taluk, Post Chakakandum,

                                      Thrissur- 680 522.

                                      (By Adv.V.Vijayakumar, Thrissur)

Opposite Parties:   1.       M/s Sudharma Metropolis Health Services Ltd,

Amended as per              Near Aswini Junction, Thrissur- 680 022.

Order in                         Rep.by Managing Director.

IA No. 74/2022    2.       M/s Sudharma Metropolis Laboratory, 25/213(16)

Dtd.18/03/22                  PM Arcade, Thaikkad, Guruvayur,

                                      Thrissur- 680 104.  Rep.by Lab Technician.        

                                      (Ex-parte)

O R D E R

By Smt. Sreeja S. Member:

          The complainants children were taken to the 1^st opposite party on 07/10/19 and drawn blood samples for which complainant No.1 paid an amount of Rs.2120/- through POS Machine using ATM card. The opposite party informed that the transaction stands declined and so complainant No. 1 paid the amount at 2^nd opposite party using his ATM card. Both the amounts seen debited on enquiry at the respective branch. Hence they made request to repay the excess received money which has been denied by the opposite party. The act of the opposite party amounts to deficiency in service. Hence this complaint.

          2) On receiving complaint, notice was properly sent to the opposite parties. Opposite parties not appeared before this Commission and called absent set ex-parte.

          3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced eight documents which are marked as Exts. A1 to A8.  Ext.A1 is the bill No.62190608464 dated 07/10/2019; Ext.A2 is the bill No. 62190608461 dated 07/10/2019; Ext.A3 is the bill No.62190608462 dated 07/10/2019; Ext.A4 is the email dated 07/12/19; Ext.A5 is the email dated 21/12/19;Ext.A6 is the email dated 31/08/21; Ext.A7 is the account copy of 1^st complainant and Ext. A8 is the account copy of 2^nd complainant.

          4) 2^nd opposite party is represented by Lab technician. Neither, in the complaint nor in the proof affidavit the responsibility and liability of 2^nd opposite party Lab technician is stated. Thus the personal liability of 2^nd opposite party stands not proved. Since the complainant failed to establish his case meticulously against the lab technician, we find that the case against 2^nd opposite party stands not established and so we are inclined to exonerate him from liability. It is pertinent to note that no specific deficiency in service has been alleged from the 2^nd opposite party as well. It is settled position of law that the complainant burdened to prove his case against all the opposite parties even though they remained ex-parte. Further the commission is inclined to consider the case on merits even if the opposite party remained ex-parte. We make it clear that the status revealed by the employee name does not affect the case against the 1^st opposite party as well.

          5) We have gone through the pleadings and exhibits marked in this case. Ext.A1 to A8 categorically prove the case of the complainant as against 1^st opposite party. Since there is no contra evidence before us we are inclined to allow this complaint against 1^st opposite party alone, who is the Managing Director of the opposite party company. Further the complainant proved physical hardship, financial loss and mental agony as well. The opposite party is liable to compensate the same.

          In the result complaint allowed against 1^st opposite party and the 1^st opposite party is directed to pay Rs.2,120/- (Rupees Two thousand one hundred and twenty only) with interest of 12% from 07/10/2019 till realization and also directed to pay compensation of Rs.5,000/- (Rupees Five thousand only) and cost of Rs.2,500/- (Rupees Two thousand five hundred only) within one month from the date of receipt of copy of this order. If failed to do so the cost and compensation shall also carry 6% interest p.a. from the date of this order.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 24^th day of February 2023.

   Sd/-                                                Sd/-                                               Sd/-

Sreeja S                                    Ram Mohan R                                   C.T. Sabu

Member                                   Member                                             President

Appendix

Complainant’s Exhibits :

Ext.A1 bill No.62190608464 dated 07/10/2019.

Ext.A2 bill No. 62190608461 dated 07/10/2019.

Ext.A3 bill No.62190608462 dated 07/10/2019.

Ext.A4 email dated 07/12/19.

Ext.A5 email dated 21/12/19.

Ext.A6 email dated 31/08/21.

Ext.A7 account copy of 1^st complainant

Ext. A8 account copy of 2^nd complainant

                                                                                                Id/-

Member