Orissa

Cuttak

CC/88/2017

Jagannath Das - Complainant(s)

Versus

District Labour Office - Opp.Party(s)

P Sinha

25 Jul 2018

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.88 of 2017

Jagannath Das,

At:Dhanapali,P.O:Mahulia,

Via:Badamba,Dist:Cuttack.                                                               .… Complainant.

 

Vrs.

1.       District Labour Officer,

Nuapada,Dist:Cuttack.

 

2.        Odisha Building and other Construction Workers

Welfare Board, Government of Odisha under the

R.E and C.S.-cum-District Labour Officer,

Government of Odisha,Bhubaneswar.… Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:     18.07.2017

Date of Order:  25.07.2018

 

For the complainant  :    Mr. Prasenjit  Sinha,Adv. & Associates.

For the O.Ps.                :   None.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant has filed this complaint before this Forum against the (O.Ps for redressal of his grievances U/S-12 of the C.P.Act in terms of his prayer made in the complaint petition alleging deficiency in service on the part of O.Ps.

1. Case of the complainant stated in brief is that the complainant is a labour and he was enrolled as a memberbeneficiary under Section-16 of  a scheme published by the O.P in the year,2011 by depositing Rs.50/- and his Regid. No.is  14083/11 and is continuing till date.  The O.Ps issued an Identity Card to the beneficiary  (I.D card is attached to the complaint as Annexure-1).

As per said scheme of the O.Ps, the complainant renewed his name every year.As per the provision, the complainant is entitled to medical benefit which was published by the Govt. of Odisha.The Xerox copy of the yearly renewal receipts attached as Annexure-2 and the Xerox copy of the extract of the scheme is attached in the petition as Annexure-3.

The complainant suffers from diabetes since 2016 and he was treated in S.C.B.Medical College and Hospital,Cuttack.He approached the O.Ps for medical benefit under the scheme but they did not respond.So the complainant made a representation to the O.P.1 on 18.10.16 and 20.12.16 for reimbursement of medical expenditure of his treatment, test and medicine.The xerox copy of prescription and copy of the representation and postal receipt are attached as Annexure-4 series and 5 series.

The complainant applied in proper format for cash benefit towards medical expenses for treatment of major ailments on 18.10.16 along with original expenditure medical treatment receipt and total expenditure receipt under signature by doctor of S.C.B.Medical, copy attached as Anenxure-6 series.

The complainant being unable to get his benefit of medical expenses for his treatment, he suffers from mental stress.He has prayed to direct the O.Ps to pay the compensation towards purchase of medicine and medical tests of Rs.6,879.39 along with bank interest @ 9% per annum.

ii) Loss of duty, mental agony and harassment of Rs.10,000/-/

iii) Financial loss sustained by the complainant in travelling from Dhanapali to Cuttack for Rs.5000/-

iv) Litigation expenses of Rs.5000/- with cost of Rs.2000/-.

2. The O.Ps neither appeared nor filed their written version.
3. We have heard the complainant at length and went through the documents and papers filed by the complainant.  From the documents submitted by the complainant, it is found that the complainant has been enrolled as a member under the scheme by depositing registration fee of Rs.20/- and he has also renewed the same by depositing Rs.50/- as annual fee and he is a consumer under the O.Ps.  He has undergone treatment and applied to O.Ps for reimbursement of his medical expenses.  As per the provision of the Act and Rules framed there under vide Annexure-3, the complainant is entitled for reimbursement of medical expenses and compensation for loss.  But O.Ps have remained silent and violated the terms and conditions of contract in negligent manner.

ORDER

The case is allowed exparte against the O.Ps.  The O.Ps are directed to pay Rs.6879.39p towards medicine expenses.  The O.Ps will also pay Rs.10,000/- as compensation towards mental agony and Rs.5000/- towards litigation cost within a period of 45 days, failing which the complainant is at liberty to take shelter of this Forum as per  C.P.Act,1986.

Judgment pronounced in the open Forum on this the 25^th day of July, 2018 under the seal and signature of this Forum.

 

                                                                                                                 Smt. Sarmistha Nath

                                                                                                                        Member(W).

 

                                                                                                                   Sri D.C.Barik

                                                                                                                       President