West Bengal

Burdwan

CC/38/2023

Dr. Amit Kumar Chakraborty & Others - Complainant(s)

Versus

Deputy Director of School Education(Basic) & Others - Opp.Party(s)

Himself

31 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
BDA GUEST HOUSE ( 1ST FLOOR ) KALNA ROAD BADAMTALA
Dist Purba Bardhaman - 713101
WEST BENGAL
 
Complaint Case No. CC/38/2023
( Date of Filing : 15 Mar 2023 )
 
1. Dr. Amit Kumar Chakraborty & Others
S/O LT. Abani Kanta Chakraborty, Ghakrabarty Road, P.O. & P.s. Katwa.713130.
Purba Bardhaman
West Bengal
...........Complainant(s)
Versus
1. Deputy Director of School Education(Basic) & Others
Directorate of school education, Govt. of West Bengal, Bikash Bhaban, 700091.
Kolkata
West Bengal.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. MD. Muizzuddeen PRESIDENT
 HON'BLE MRS. Lipika Ghosh MEMBER
 
PRESENT:
 
Dated : 31 Mar 2023
Final Order / Judgement

Date of Filing: 15.03.2023                                                Date of Disposal: 31.03.2023

 

Complainant                : Dr. Amit Kumar Chakraborty, 2nd S/O-Lt. Abani Kanta Chakrabarty, Ghutkiapara Road, P.O.-Katwa, Dist. Burdwan West Bengal, 713130, Mobile No.9851422295, Email Id. dr.amitkbb@gmail.com.

-VERSUS -

Opposite Party             : 1. Deputy Director of School Education(Basic) Directorate of School Education, Govt. of WB, Bikash Bhavan, 5th Floor, Kolkata-700091, Mobile 7980627974.

2. Director, State Council of Educational Research and Training (SCERT), 25/3, Ballygunge Circular Road, Kolkata-700019, WB, Mobile- 9830583527

 

Present                                                : Mohammad Muizzuddeen                -Hon’ble President.

                                                : Mrs. Lipika Ghosh                           - Hon’ble Member.

                                                : Mr. Atanu Kr. Dutta.                                   - Hon’ble Member.    

 

FINAL ORDER

           

Today is fixed for admission hearing.

The complainant-Amit Kumar Chakrabarty himself files hazira.

The record is taken-up for admission hearing.

            Heard the complainant. Perused the complaint and Xerox copies of documents so filed by the complainant.

It appears that the complainant has filed this case against the O.Ps- Deputy Director of School Education (Basic) and Director, State Council of Educational Research and Training (SCERT) on the ground that Lt. Abani Kanta Chakrabarty (Ex Principal, Katwa Govt. Primary Teachers Training Institute (PTTI), the father of the complainant, expired on 16.01.2020 and after his departure an OPD claim (ANN.4) under WBHS amounting to Rs.38615/- has been submitted by Dr. Anup Kumar Chakrabarty (claimant/LTA nominee/Elder Son/Legal heir of Lt. Abani Kumar Chakrabarty) on 27th Feb, 2020 to the Lecturer in Charge (DDO) of the last attended /served office of Katwa Govt. Primary Teachers Training Institute (PTTI), Purba Bardhaman, WB and various procedure has been adopted in the said claim but in the absence of original claim document, SCERT(O.P. No.2) informed through email on 27th January,2023 that the office not intends (Memo No.1693 F. No.878/SCERT, Dated 16.01.2023) (ANN.5) to sanction the OPD claim of Rs.38615/- on the basis of duplicate claim document. The complainant informed the matter to SCERT (O.P. No.2) through telephone but they denied to do that as it is not clear that who is responsible for misplacing /missing the claim document of Lt. Abani Kanta Chakrabarty.

Admittedly various steps have been taken by the complainant and did not get the said claim. The complainant prayed that the Hon’ble Consumer Commission may be pleased to grant the reliefs.

From the complaint, it is clear that the Lt. Abani Kanta Chakrabarty who was the father of the complainant –Amit Kumar Chakrabarty, a Govt. employee and his OPD claim has been submitted by Dr. Anup Kumar Chakrabarty happens to be the elder son of Lt. Abani Kumar Chakrabarty and the claim has been arisen out of his service matter that apart who submitted the claim has not been filed in the complaint.

From the facts and circumstances of this case as stated above, it is clear that the O.P. Nos.1 & 2 are the Deputy Director of School Education (Basic) and Director, State Council of Educational Research and Training (SCERT) and the Lt. Abani Kanta Chakrabarty  was the Ex Principal, Katwa Govt. Primary Teachers Training Institute (PTTI). In this scenario it cannot be said that there was a relationship of consumer. Therefore this case is not come under the purview of Consumer Protection Act, 2019. More so, the claim is related to service matter as he was the Govt. service holder and there is another proper forum to agitate the matter of service.

Hence, it is

                                                O R D E R E D

that this Consumer Case being No.38 of 2023 be and the same is not admitted and thus disposed of.

            Let a copy of this order be given to the complainant on free of cost.

 

     Dictated & corrected by me.

 

 

                      President

     D.C.D.R.C., Purba Bardhaman.

 

 

                                         Member                                                                 President

                                   D.C.D.R.C., Purba Bardhaman.                            D.C.D.R.C., Purba Bardhaman.

 
 
[HON'BLE MR. MD. Muizzuddeen]
PRESIDENT
 
 
[HON'BLE MRS. Lipika Ghosh]
MEMBER
 

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