BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 7th March 2017
PRESENT
SRI VISHWESHWARA BHAT D : HON’BLE PRESIDENT
SMT.LAVANYA M. RAI : HON’BLE MEMBER
ORDERS IN
C.C.No.271/2015
(Admitted on 17.8.2015)
Smt. Sundari,
W/o Late Kamalaksha,
Aged about 45 years,
Residing at Lakshmi Nilaya,
Aivathoklu village,
Sullia Taluk D.K. District.
……… Complainant
(Advocate for Complainant by Sri CNG)
VERSUS
- Public Work Department,
Sub Divisional Office Puttur,
Rep. by Assistant Executive Engineer,
PWD Sub divisional Office Puttur,
Puttur Taluk, D.K.District.
- Public Work Department,
Sub divisional Office Sullia,
Rep. by Assistant Executive Engineer,
PWD Sub divisional Office Sullia,
Sullia Taluk, D.K.District.
- Taluk Office, Sullia,
Rep. by Thahashildar Sullia,
Talluk office, Sullia,
Sullia Taluk D.K. District.
- Divisional Commissioner Office, Mangalore,
Rep. by Divisional Commissioner Mangalore,
Divisional Commissioner Office,
Mangalore, D. K. District.
- Office of the Principal Accountant General (A & E)
Karnataka State, Bangalore,
Rep. by principal Accountant General,
Office of the Principal Accountant General (A & E),
Karnataka New Building Bangalore,
Bangalore 560001.
…. Opposite Parties
(Opposite Party No.1. In person)
(Opposite Parties No.2 and No.5: Exparte)
(Opposite Parties No.3 and No.4: In person)
ORDER DELIVERED BY HON’BLE PRESIDENT
SRI VISHWESHWARA BHAT D
- 1. This complaint is filed under section 12 of the Consumer Protection Act alleging deficiency in service against the opposite parties claiming certain reliefs.
The brief facts of the case are as under:
The complainant claims her husband Late Kamalaksha, was Group D servant regularised in service as initially he was appointed as Gang man in the office of opposite Party No.2. He was regularized in service and on 1.5.2000 completed 10 year service, on 1.5.2005.15 year service and on 1.5.2010 completed 20 year service time bound benefit was not sanctioned to the complainant’s husband. Despite request of the government servant while still in service having on service and retired on 28.2.2013 and died on 18.6.2015. Hence seeks time bound benefits and pay scale and benefits there under as claimed.
II. On behalf of the Opposite Party No.3 and No.4 written version was filed admitting regularisation in Supernumerary Group D post on 1.5.1990 and his retirement due to want of clarification not sanctioned of time bound advancement benefit. It was not given though now D.C. Mangalore directed with clarification proposal was sanctioned time bound advancement 15 years 20 years increment in a single proposal in respect of Kamalaksha Gowda. Fresh proposal was submitted to the D.C Mangalore on 19.9.2014 and his service register was in correspondence and are now settled of pensionary benefits that was sanctioned by D.C. Mangalore time bound advancement 15 years and 20 years increment. As per the arrears of 10.2.2015 sanctioned and Rs.82,947/- was claimed and kept ready for payment in favour of complainant’s has Kamalaksha Gowda died on 18.6.2015 .
2. In fact Tahsildar filed written statement stating that on 15.10.2015 complainant came to his office and received cheque under acknowledgment. After required documents death certificate and signature of complainant paid and the family pension by filling up of documents, hence seeks dismissal of complaint.
3. In support of the above complaint the complainant Smt. Sundari, filed affidavit evidence as CW1 and produced documents got marked Ex.C1 to C10 as detailed in the annexure here below. Opposite Party not filed any evidence treated nil.
III. In view of the above said facts, the points for consideration in the case are:
- Whether the Complainant is a consumer and the dispute between the parties?
- If so, whether the Complainant is entitled for any of the reliefs claimed?
- What order?
The learned counsel for complainant filed notes of arguments. Opposite parties not filed notes of arguments. We have considered entire case file on record including evidence tendered by the party and notes of argument of the party. Our findings on the points are as under are as follows:
Point No. (i) : Affirmative
Point No. (ii) : Partly Affirmative
Point No. (iii): As per the final order.
REASONS
IV. POINTS No. (i) and (ii): The complainant is widow of deceased government servant Kamalaksha Gowda is undisputed. Hence in respect of the entitlement of deceased of the complainant to seek remedy before this Forum time bound increment of 10 years, 15 years and 20 years is not disputed by Opposite Party. Instead during the pendency of this proceedings the concerned authorities did sanction but also paid the arrears of time bound increments in respect of Kamalaksha Gowda and paid the arrears to the complainant. In fact as seen from the notes of arguments filed on behalf of complainant receipt of this amount by complainant from the office of the Tahsildar i.e. Opposite Party No.3 of Rs.82,947/ by a cheque is admitted. Hence in view of this it is settled dispute and the cause of action does not survive. But this payment was after filing of this case.
2. In view of the delay caused in making payment opposite Party shall be directed to pay interest at 9% on the arrears from the date of complaint till the date of payment. Due to the delay in settling the claim.
3. Opposite Parties shall be directed to jointly and severally pay compensation fixed at Rs.10,000/ to complainant, apart from cost of this case. Advocate fee fixed at Rs.3,000/. Hence following we answer point No.1 and 2 in the affirmative.
POINTS No. (iii): Wherefore the following order
ORDER
The Complaint is partly allowed with cost. Opposite Parties are directed to pay interest on the amount of Rs.82,947/ (Rupees Eighty Two thousand Nine hundred Forty Seven only) at 9% per annum from the date of complaint till the date of payment and also jointly and severally pay Rs.10,000/ (Rupees Ten thousand only) as compensation to complainant.
2. Advocate fee fixed at Rs.3,000/ (Rupees Three thousand only)
3. The above amounts shall be paid within a period of 30 days from the date of receipt of copy of this order.
Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.
(Page No.1 to 6 dictated by President to the Stenographer typed by him, revised and pronounced in the open court on this the 7th March 2017)
MEMBER PRESIDENT
(LAVANYA M RAI) (VISHWESHWARA BHAT D)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore Mangalore
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW1 Smt. Sundari,
Documents marked on behalf of the Complainant:
Ex.C1: 23.10.2010: The copy government Circular.
Ex.C2: 30.05.2012: The copy government circular.
Ex.C3: 02.06.2012: The copy of request letter of complainant.
Ex.C4: 06.02.2013: The copy of letter of 3rd Opposite Party.
Ex.C5: 26.10.2013: The copy finalisation of letter of Opposite Party No.5.
Ex.C6: 02.09.2014: The copy of notice.
Ex.C7: 12.11.2014: The copy of request letter of complainant.
Ex.C8: 01.10.2014: The copy of reply letter of Opposite Party No.3.
Ex.C9: 24.11.2014: The copy of reply letter of Opposite Party No.2.
Ex.C10: 18.06.2015: The death certificate.
Witnesses examined on behalf of the Opposite Parties:
Nil
Documents marked on behalf of the Opposite Parties:
Nil
Dated: 7.3.2017 PRESIDENT
