<br /> O R D E R<br /> <br /> Sri. Jacob Stephen (President):<br /> <br /> The complainant Smt. A.N. Kamalamma, filed this complaint against the opposite parties for a relief from the Forum.<br /> <br /> 2. The facts stated in the complaint are as follows:- The complainant was a P.D. Teacher of K.S.G.H.S.S, Kadapra from 1987 to 2003. During 1994-95, she was deputed for M.G. University Examination duty at Devaswom Board College, Parumala. She had given all the relevant documents in connection with the examination duty to the opposite party. But the 1st opposite party does not entered it in the service book or he had not made any arrangements to get the benefits of the examination duty. There is also an allegation against the opposite party that he has not made any arrangements for the reimbursement of medical bills of the petitioner. She retired from service on 31.5.2003 as headmistress of L.P.G.S, Kaviyoor. The actions of the opposite parties are deficiency of service and she is entitled to get Rs.3,500/- as allowances of examination duty and Rs.14,702.40 as medical reimbursement and Rs.10,000/- as compensation for the mental agony and sufferings and Rs.2,000/- as cost. So he had filed the complaint seeking the above reliefs from the Forum.<br /> <br /> 3. The 1st opposite party has filed a written version raising the following contentions:- That this O.P is not maintainable either in law or on facts. The complainant is not a consumer of the opposite party, and there is no consumer relationship between the petitioner and the 1st opposite party. The complainant’s claim is barred by limitation. the 1st opposite party is unaware of the complainant’s examination duty. He had not given permission to the complainant for the examination duty, and the complainant had never submitted any papers relating to the examination duty to the opposite party. The complainant alone is responsible for the losses if any, as the complainant had gone for the examination duty illegally and without permission of the superior officers, and therefore there is no deficiency in service from the part of the opposite party. Therefore, this complaint is liable to be dismissed<br /> <br /> 4. Opposite parties 2 to 5 are exparte. But the addl.3rd opposite party submitted a letter before this Forum stating that the complainant had gone for the examination duty without the permission of the principal of that school and there is no documents relating to the examination duty is seen in the office of the 3rd addl. opposite party, and an amount of Rs.14,172/- towards medical reimbursement was given to the complainant on 30.3.01 as per the report of the principal of the school.<br /> <br /> 5. The points for consideration in this O.P are the following:-<br /> (1)Whether the complaint is maintainable before the Forum?<br /> (2)Whether the complainant is entitled to get a relief from the Forum as <br /> against the opposite parties?<br /> (3)Relief and Costs?<br /> <br /> 6. The evidence in this O.P consists of the oral evidence of the complainant and two other witnesses who were examined as PWs.1 to 3. Exts.A1 to A17 were marked based on the proof affidavit filed by the complainant. For the opposite parties, 1st opposite party has been examined as DW1. After closure of the evidence, both sides heard. <br /> 7. Point No.1:- The complainant has filed this complaint seeking relief against the opposite parties for their deficiency of service in not giving leave surrender benefits and the medical reimbursement. In this case, the complainant was a government servant and the opposite parties are also government servants and government officials. The leave surrender benefits and the medical reimbursement, if entitled to the complainant has to be given by the concerned departments and not by the opposite parties individually. The disputed matter in this case is an administrative function of the opposite parties. Since the subject matter of this complaint is an official administrative function of the government officials, the denial or delay in getting the benefits claimed by the complainant is not a deficiency of service from the part of the opposite parties. Moreover, the complainant is not a consumer of the opposite parties and the dispute in between the complainant and the opposite parties are not a consumer dispute as envisaged in the Consumer Protection Act. Therefore, this complaint is not maintainable before this Forum and hence point No.1 is found against the complainant.<br /> <br /> 8. Point Nos. 2 & 3: Since point No.1 is found against the complainant, these points are not considered.<br /> <br /> 9. In the result, this O.P. is dismissed with no costs. Though the complaint is not maintainable before this Forum, the complainant is at liberty to approach concerned authorities for redressing her grievances, if she is entitled and eligible to get the benefits as claimed by the complainant.<br /> <br /> Declared in the Open Forum on this the 25th day of July, 2008.<br /> <br /> Jacob Stephen,<br /> (President)<br /> <br /> Smt. C. Lathika Bhai (Member) : <br /> <br /> Sri. N. Premkumar (Member) :<br /> <br /> <br /> <br /> Appendix:<br /> <br /> Witness examined on the side of the complainant:<br /> PW1 : A.N. Kamalamma.<br /> PW2 : Dr. K. Mohanan Pillai.<br /> PW3 : Sosamma Mathew.<br /> Exhibits marked on the side of the complainant:<br /> A1 : Certificate dated 16.9.2004 issued by the Principal, Devaswom Board <br /> Pampa College, Parumala, Mannar.<br /> A2 : Letter dated 18.6.2003 sent by the Asst. Educational Officer, Mallappally to <br /> the Headmistress, Govt. LPG School, Kaviyoor.<br /> A3 : Letter dated 18.11.2004 issued by the District Collector, Pathanamthitta to <br /> the complainant.<br /> A4 : Memo dated 11.2.1997 issued by the Principal, Kannassa Smaraka Govt. <br /> Higher Secondary School, Kadapra to the complainant.<br /> A5 : Copy of reply letter dated 19.7.2003 sent by the Deputy Director of <br /> Education,Thiruvalla to the complainant.<br /> A6 : Letter dated 22.5.2003 issued by the Principal, Kannassa Smaraka Govt. <br /> Higher Secondary School, Kadapra to the complainant<br /> A7(series) :Application for claiming reimbursement of medical expenses of <br /> government servants and their families dated 26.3.2002.<br /> A8 : Photocopy of allotment letter issued by the District Educational Officer, <br /> Pathanamthitta to the complainant.<br /> A9 : Copy of letter dated 29.5.2004 sent by the Deputy Director of <br /> Education,Thiruvalla to the complainant<br /> A10 : Photocopy of the complaint dated 6.3.2007 sent by the complainant to the <br /> District Educational Officer, Thiruvalla.<br /> A11 : Photocopy of the petition dated 10.3.1997 sent by the complainant to the <br /> Deputy Director of Education, Thiruvalla.<br /> A12 : Memo dated 21.4.1995 issued by the Principal, Devaswom Board Pampa <br /> College, Parumala.<br /> A13 : Photocopy of the letter dated 15.4.1997 sent by the Principal, Devaswom <br /> Board Pampa College, Parumala, Mannar to the Principal, KSGHSS, Kadapra.<br /> A14 : Bill copy register from October 1991 to 2/93.<br /> A15 : Bill copy register from 1.4.1993 to 8.2.1994.<br /> A16 : Bill copy register from 6/97 to October 2000.<br /> A17 : Service Book of Smt. Kamalamma. A.N.<br /> <br /> Witness examined on the side of the opposite parties:<br /> DW1 : S. Vijayakumaran Nair.<br /> Exhibits marked on the side of the opposite parties : Nil.<br />