DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 30^th  day of September  2021

Present   : Sri.Vinay Menon.V  President

                 : Smt.Vidya.A, Member                                                                          Date of Filing: 28/12/2020

CC/169/2020

Nandakumaran A.R

S/o.Raman Mooppar

Alikkaparambil House

Kalluvazhi (PO)

Palakkad – 679 514                                                                          -              Complainant                    

 (By Party in person)

                                                                                                                Vs

The District Executive Officer

Kerala Building and Other Construction

Workers Welfare Board, Palakkad                                   -                       Opposite party   

O R D E R 

By Smt.Vidya A.,  Member

Brief facts of the complaint

1. Complainant is a member of Kerala Building and Other Construction Workers Welfare Board since 3/1/1998 and he was regular in payment of membership fee and renewal of membership. The complainant filed an application No.D/13370/17 dated 21/12/2017 before the opposite party for getting the wedding benefit fund for his daughter’s wedding. He contacted the opposite party’s office many  times for getting this,  but they returned him by saying one or the other reasons. Later the opposite party’s office informed the complainant that they identified certain mistakes in the information provided in the Amsadaya Pass book  and asked him to get it corrected.   Accordingly  he got it corrected and presented before them. The opposite party’s office did not provide  the benefit to the complainant  even after that and he had to face financial difficulties  during his daughter’s wedding on account of that. All these happened  because of the deficiency in service on the part of the opposite party’s office. Again, after his daughter’s wedding  he contacted them and the opposite party’s office informed him that the complainant’s pass book had  “Service”  as occupation detail  and they had doubt that  whether he is a construction worker   and because of that his application is kept in abeyance. The complainant informed them that he had earlier obtained this benefit fund by producing the very same  pass book. But they  replied that they are unaware about this and they did not give any reply to the complainant’s  query that how can he renew his membership for such a long time, if he was not a worker and why they want to make him suffer when asked for the benefit which he is  entitled to get. The complainant had undergone financial and mental difficulties althrough the years. On  10/11/2020 the opposite party’s office informed the complainant that the amount  was credited to his account and as per that he approached the bank.  However, when he approached the bank they informed him that the amount was not credited and he produced the bank statement to the opposite party confirming it.  The opposite party’s office, after verification, informed the complainant that his application was rejected due to delay and told him that now there is no chance for getting the wedding benefit fund. The conduct of the opposite party in informing the complainant that his account is credited and on the very same day conveying  to him about the rejection of his application amounts to irresponsibility and deficiency in service on their part.

So this complaint is filed for directing the office of the opposite party to pay compensation of Rs.10,000/-, Rs.2 lakhs for the mental agony and the inconvenience suffered by him and Rs.90,000/- for the deficiency in service.

2. Complaint admitted and notice issued to the opposite party.  The opposite party entered appearance  and filed their version.
3. The contentions of version :

Complainant is a member of the Kerala Building and Other Construction Workers Welfare Board with membership No.PK46425 from 3/1/1998. It is also admitted that he filed an application as D/13370/17 on 21/12/2017 for getting wedding benefit fund for his daughter’s wedding.But on verification there was some doubt regarding his occupation details as ‘service’ was recorded in the bank account copy submitted along with the application. In order to clarify the doubt that whether he belongs to the category of ‘construction worker’ the then executive officer kept the application of the complainant in abeyance. The opposite party’s office contacted him on 6/10/2018 and directed the complainant to be personally present.But he appeared only on 6/8/2019 and produced document showing that he was engaged in construction work for the last 15 years along with the original pass book. On the basis of that, his application was allowed on 22/1/2020and fund request was sent to the chief office Thiruvananthapuramon 9/3/2020. But they received a letter from the chief office on 4/11/2020 directing prior approval as mandatory for getting the benefit for the applications filed during the years 2015, 2016 & 2017. So the complainant’s application was also sent along with other applications mentioned in the above period to the chief office. The delay in allowing the amount as per the benefit scheme is only due to the curing of defectin the pass book and clarification of the occupation details. There was delay on the part of the complainant in producing the documents. The opposite party’s office is ready to pay the amount as soon as they get the permission from the Board.

4. After that the opposite party filed statement dated 3/3/2021 to the effect that they have given letter to the Union Bank of India, Palakkad branch to transfer the   amount to the complainant’s account.
5. Complainant filed chief affidavit. Ext.A1 & A2 marked.

Main Points to be considered

1. Whether there is any deficiency in service on the part of the opposite party ?
2. If so, what is the relief as to cost and compensation ?

            Points 1 & 2

6. During the course of argument the complainant confirmed the receipt of the amount in his account transferred by the opposite party.  But the complainant wanted compensation from the opposite party’s office  as there was dereliction of duty /deficiency in service on the part of the opposite party in providing the benefit under the scheme in time.  According to him because of  the dereliction of duty on the part of the opposite  party,   he had to face financial crisis and was forced to take loan with high interest. In addition to that he had to travel in connection with this, leaving  aside  his job and this caused  financial and mental difficulties.
7. It is admitted that the complainant was a member of the Welfare Board with number PK-46425 from 3/1/1998. It is also admitted by the opposite party that the complainant had submitted an application number as D/13370/17 dated 21/12/2017 for getting wedding benefit fund for his daughter’s wedding. The opposite party’s  office issued a receipt stating that if he is entitled to get the benefit under the scheme, the amount will be credited to his account within 15 to 30 days.
8. According to the complainant, he contacted the opposite party’s office many times in connection with this, but they did  not give him a proper reply. As per the opposite party’s office the complainant’s application was kept in abeyance due to certain clarifications regarding his occupation details. Further, as per their version, the opposite party’s  office contacted him on 6/10/2018 to appear in person to clear these doubts. This means that they kept the application unattended for nearly 10 months.  The opposite party admits that  on 6/8/2019 the complainant produced documents showing that he is engaged in the field of construction work for the last 15 years along with original pass book and on that basis his application was allowed on 22/1/2020. Again it  took  more than 5 months  to allow the application.  Even after  sanctioning it, there was  delay in transferring the amount to the complainant’s account and finally they filed a statement on   3/3/2021  that they have given letter to the Union Bank of India, Palakkad branch to credit the amount to the complainant’s account  which is 14 months after the sanctioning of the benefit.
9. The opposite party already admitted that the complainant is a member of their Welfare Board with membership No.PK-46425 and he is renewing the  membership regularly. After admitting all these, not providing the wedding benefit fund to its member in time amounts to clear deficiency in service.
10. The complainant had stated in his affidavit that he got the wedding benefit fund for the wedding of his elder daughter in 2015 by producing the very same documents. This is clearly mentioned in the application form submitted by the complainant in 2017 for getting the fund.
11. The application submitted by the complainant on 21/12/2017 was allowed  only on 22/1/2020 and the amount was directed to be credited  to his account  on 3/3/21. Even after producing the documents as required by the opposite party, it took long time to transfer the amount to the complainant’s account. The reason given by the opposite party for delay in allowing the application is not convincing and satisfactory. This wedding benefit fund is allotted  to the members of the Welfare Board in order to overcome the financial difficulties which is being faced by them during that special occasion. Not providing the benefits to the beneficiaries in time amounts to clear deficiency in service.
12. Govt. Servants who  are duty bound to serve the public has to be more responsible and committed to their work. Any deficient  service/dereliction  of duty on their part cannot be accepted.

The complainant has suffered mental agony and financial loss on account of the conduct of the opposite party for which they are liable to compensate

In the result, the complaint is partly allowed. We direct

1. The Office of the opposite party to pay Rs.5,000/- (Rupees Five thousand only)  as compensation for the mental agony and financial loss suffered by the complainant and  Rs.5,000/- (Rupees Five thousand only)  as compensation for the deficiency  in service on their part.

The order shall be executed within 45 days from the date of receipt of this order; otherwise complainant is also entitled to get interest @ 9% per annum on the total amount due to them from the date of this order till realization.

    Pronounced in the open court on this the 30^th day of September  2021.                                                                                                                Sd/-

                                                                               Vinay Menon V

                                                 President

     Sd/-

  Vidya.A

                    Member      

 Exhibits marked on the side of the complainant

Ext.A1 –  Copy of Bank statement for the period from 1/7/2020 to 11/11/2020

Ext.A2 – Copy of pass book issued by opposite party in the name of complainant

Exhibits marked on the side of the opposite party

Nil

Witness examined on the side of complainant

Nil
Witness examined on the side of  opposite party

Nil

Cost : No cost allowed.

NB : Parties are directed to take back all extra set of  documents submitted in the

         proceedings in accordance with Consumer Protection (Consumer Commission

         procedure) Regulations, 2020 failing which they will be weeded out after 30 days of

         issuance of the order.

.