Abhilash Modern Medi Marketing Network directed to pay compensation

Visakhapatnam: District Consumers’ Forum-1 in a recent verdict has directed the managing director of Abhilash Modern Medi Marketing Network Private Limited to pay Rs 71,000 towards the cost of spare parts with nine per cent interest from March 18, 2016 till the date of realisation, Rs 15,000 as compensation and Rs 2,500 as cost to the local Surya Sri Hospital Private Limited in two months for deficiency in service.

As per the facts of the case, Surya Sri Hospital Private Limited has purchased Siemens M744 Electrolyte Analysis Machine with a set of accessories in March, 2015 with a one year warranty.

In January, 2016, the machine started giving trouble which was intimated to the opposite party. The engineer, who came to the hospital to inspect the machine, told the complainant that the electrodes should be replaced for which, he requested two weeks time.

When the complainant contacted again in the second week of February, 2016, the opposite party postponed the replacement issue. Meanwhile, the hospital has been reportedly incurring a loss of Rs 1 lakh per month as the machine was not working.

On February 29, 2016, a notice was issued intimating the opposite party that in order to minimise the daily loss, they intended to purchase spare parts for making the machine run and they are liable to pay the amount. The hospital authorities purchased spare parts from the Universal Drug House and paid Rs 71,000, including installation charges.

Later, a complaint was lodged with the forum seeking justice. Notices were issued to the opposite party which were returned with an endorsement of ‘door locked’ and later, it was published in a news paper. Even then the opposite party has not chosen to appear before the forum.

Perusing the entire case record, Forum-1 President C V Surya Bhaskaram and Member K V R Maheswari , after observing the engineer’s report says that the analyser needed replacement of a sensor and the warranty of one year is for entire machine and not for consumable parts.

It also felt that the non-functioning of a machine is not entitled for any compensation. “Not taking up the replacement work within two weeks as they promised, postponing the same on one pretext or the other and not attending to the forum, amounted to deficiency in service and negligent attitude on the part of the opposite party,” the forum said.

Then the complainant has purchased necessary spare parts worth Rs 66,000 and incurred installation charg es of Rs 5,000 which the opposite party is liable to pay besides the compensation for the mental agony and legal costs, the judgment added.