Karnataka

Chitradurga

CC/114/2017

Sri Suryanarayana S/o Hanumanthappa - Complainant(s)

Versus

Administrator,Sri Basveshwara Medical College - Opp.Party(s)

Sri.KhalidAhamed

26 May 2018

ORDER

COMPLAINT FILED ON:13.11.2017

DISPOSED      ON26.05.2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 114/2017

 

DATED:  26^th MAY 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        :MEMBER

                                 B.A., LL.B.,   

……COMPLAINANT	Sri. Suryanarayana, S/o Hanumanthappa, Age: Major, Agriculturist, Thoranaghatta village, Jagalur Taluk, Chitradurga.      (Rep by Sri. Khalid Ahammed, Advocate)
V/S
…..OPPOSITE PARTY	The Administrator, Sri Basaveshwara Medical College and Hospital and Research Centre, NH-4, Bye-pass Road, Chitradurga Town.   (Rep by Sri.K.N. Vishwanathaiah, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to pay the gratuity to the complainant along with cost, mental agony and such other reliefs.

2.     The brief facts of the case of the above complainant are that, his son by name Sri. J.S. Maruthi was working as a staff nurse in the OP Hospital since from 2007.  The said J.S. Maruthi was died on 13.04.2017 at Thoranaghatta village of Jagalur taluk who drawn the salary of Rs.8,317/- as per the salary certificate dated 21.08.2017.  He served as a staff nurse in the said Hospital for a period of 10 years.  After the death of his son, the complainant approached the OP for payment of gratuity amount on 10.08.2017.  By that time, the OP told that, 50% of the gratuity amount will be payable to the Mutt and the remaining amount to the complainant and the OP has insisted the complainant to give undertaking letter in a bond paper.  The complainant refused to give a letter to the OP and the OP has send a repudiation letter denying that the complainant is not entitled for any gratuity amount.  Thereafter, the complainant has issued a legal notice dated 30.08.2017, the same has been served to the OP but, the OP has not remitted the amount nor reply to the notice issued by the complainant, which is within the jurisdiction of this Forum and prayed for allow the complaint. 

 3.    On service of notice, OP appeared through Sri. K.N. Vishwanathaiah, Advocate and filed version denying the entire allegations made in the complaint.  According to the version filed by the OP that, the OP never demanded any amount from the complainant and it is further stated that, the complaint filed by the complainant is not maintainable either in law or on facts and the same is liable to be dismissed limine and this Forum has no jurisdiction to entertain this complaint.  Further the complainant has not produced any documents to prove that, he is the legal heir of the deceased J.S. Maruthi and further denied the entire allegations made in the complaint and as there is no deficiency in service on its part and prays for dismissal of the complaint.

4.     Complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-6 were got marked and closed his side.   OP has examined one Sri.L. Palakshaiah, the Medical Superintendent of OP Hospital as DW-1 and never produced any documents to disprove the case of the complainant and closed its side.

5.     Arguments heard. 

6.     Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that, his son J.S. Maruthi was working as a staff nurse in the OP Hospital and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

        7.     Our findings on the above points are as follows:-

        Point No.1:- Partly in Affirmative.

        Point No.2:- As per final order.

REASONS

8.     It is the case of the complainant that, one J.S. Maruthi, the son of the complainant was working as a staff nurse in the OP Hospital.  OP has issued salary certificate to the son of the complainant on 21.08.2017, which shows the son of the complainant i.e., J.S. Maruthi has drawn a salary of Rs.8,317/-.  He served as a staff nurse in the OP Hospital for 10 years and he was unmarried.  The complainant is only a legal heir to the deceased J.S. Maruthi.  The complainant has produced the death certificate of his son as per Ex.A-3, wherein it has been mentioned that the father name of said J.S. Maruthi is Suryanarayana J.H i.e., the complainant.  Accordingly, the complainant is the legal heir of deceased J.S. Maruthi.  Ex.A-1 and A-2 show that, the said Maruthi J.S. was working as a staff nurse in the OP Hospital and was receiving salary from the OP Hospital.  In Ex.A-3, i.e., the death certificate issued by the competent authority dated 13.04.2017 wherein at father column it is mentioned as Surayanarayana J.H, which clearly goes to show that, the said Suryanarayana is none other than the father of the deceased Maruthi J.S, therefore, the question of repudiation in paying the gratuity to the complainant on the ground that, complainant is not the legal heir of complainant does not arise.   Therefore, the OP has committed deficiency in service in settling the gratuity amount to the complainant.  The legal notice issued by the complainant is marked as Ex.A-5 and served acknowledgement as Ex.A-6.          

9.   We have gone through the entire documents filed by the complainant and OP.  As per the experience certificate and salary certificate t clearly goes to show that, the son of Maruthi J.S was working as a staff nurse in the OP Hospital.  After the death of his son, the complainant approached the OP claiming gratuity amount.  The OP has repudiated and taken a main contention that, the complainant is not the legal heir of the deceased Maruthi J.S.  But, as per Ex.A-3, the death certificate of said Maruthi J.S, the complainant is his father.  The OP has failed to produce the documents to disprove the case of the complainant and further the OP has not produced any documents to show that, complainant is not the legal heir of the deceased Maruthi J.S.  Ex.A-1 and A-2 shows that, the son of complainant was working as staff nurse and getting salary in the OP Hospital.  Further, the OP has failed to produce the documents to show that, the complainant or his son have already obtained gratuity amount from the OP.  Hence, the question of repudiation in paying the gratuity amount does not arise.     Hence, we come to the conclusion that, there is a deficiency of service on the part of OP.   Accordingly, this Point No.1 is held as partly affirmative to the complainant.

 

          10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

          The complaint filed by the complainant U/s 12 of C.P Act 1986 is partly allowed.

          It is ordered that the OP is hereby directed to pay a sum of Rs.48,000/-, the gratuity amount to the complainant  along with interest @ 9% p.a from the date of complaint till realization.

          It is further ordered that, the OP is hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings to the complainant. 

          It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

            (This order is made with the consent of Member after the correction of the draft on 11/05/2018 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:- Sri.L. Palakshaiah, the Medical Superintendent of OP Hospital by way of affidavit evidence.

 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Salary certificate
02	Ex-A-2:-	Experience certificate
03	Ex.A-3:-	Death certificate
04	Ex.A-4:-	Letter dated 30.08.2017 by the complainant to OP
05	Ex.A-5:-	Legal notice dated 14.07.2017 with postal receipt
06	Ex.A-6:-	Postal acknowledgement

 

Documents marked on behalf of OP:

-Nil-

 

MEMBER                                                            PRESIDENT

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