Complaint filed on: 15-12-2016 Disposed on: 30-08-2017
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM
OLD DC OFFICE COMPOUND, TUMAKURU-572 101
CC.No.152/2016
DATED THIS THE 30th DAY OF AUGUST 2017
PRESENT
SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT
SMT.GIRIJA, B.A., LADY MEMBER
Complainant: -
Kariyappa
S/o. Kempaiah,
Aged about 60 years,
R/o. Kuvempu Road,
Turuvekere town,
Tumakauru district
(By Advocate Sri.A.Krishnamurthy)
V/s
Opposite party:-
The General Manager,
HEIDELBERG Cement India Ltd,
Ammasandra, Turuvekere taluk
Tumakauru district
(By Advocate Sri.Y.Venkatesh)
ORDER
SMT.PRATHIBHA. R.K. PRESIDENT
This complaint is filed by the complainant against the OP, under Section 12 of the Consumer Protection Act. The complainant prays to direct the OP to pay pensionary benefits and medical expenses due to the complainant together with interest at the rate of 18% p.a. from the date of retirement and to pay Rs.20,000=00 towards general damages for mental shock and agony suffered by the complainant, in the interest of justice and equity.
2. The brief facts of the complaint is as under.
The complainant was retired from the service of the OP factory on 10-5-2015. But the OP has not settled pensionary benefits such as DCRG, PF etc. In this regard, the complainant has been repeatedly requesting the OP to settle his pensionary benefits, but the OP has failed to settle the pensionary benefits.
The complainant further submitted that, while the complainant was on duty, on 4-2-2015 the complainant was suffered limb super condylar femur fracture with vascular imperior. For that, he was admitted at St.Jhons Medical college Hospital, Bengaluru and also at Fortis hospital, Bengaluru for medical treatment. The complainant has spent more than Rs.2,80,000=00 towards purchase of medicine, conveyance and other incidental charges. As per terms and conditions of his employment, the factory is liable to pay the said medical expenses. But inspite of complainant’s repeated requests and demands, the OP has not settled the claim of complainant. Hence, the complainant has issued a legal notice to the OP and the same was served on the OP, but the OP has failed to settle the medical expenses of Rs.2,80,000=00 and also pensionary benefits etc., thereby the OP has committed deficiency in service. Hence, the present complaint is filed.
3. In response to the Forum notice, the OP has appeared through his counsel and filed objection, contending interalia as under:
The complainant is not a consumer under section 2 (1) (d) of the CP Act and the OP is also not a consignee. The relationship between the complainant and the OP is that of an Ex-employee and Employer.
The OP further submitted that, while the complainant was working in the OP factory as a machinery attendant, ropeway department. The complainant had met with an accident outside the factory precincts on 4-2-2015 and he was admitted by the company in the Fortis hospital, Bannerghatta road, Bengaluru for treatment from 4-2-2015 to 11-2-2015. The medical expenses incurred have been paid by the OP. Thereafter, the complainant was retired from his post on 10-5-2015 by attaining the age of superannuation. Thereafter, the complainant got himself admitted to the same hospital for further treatment from 14-10-2015 to 17-10-2015. The OP is not responsible for the expenses for treatment after his retirement. On humanitarian ground, the OP Company had spent an amount of Rs.6,15,789=00 towards medical expenses of the complainant.
The OP further submitted that, the OP has paid wages to the complainant against accident to the tune of Rs.69,478=00 from 4-2-2015 o 10-5-2015. Further the medical officer of the OP had advised him to meet one Dr.Giridhar at Bengaluru for medical advice, but he did not care to meet the said doctor at Bengaluru deliberately. Further, it is false to claim that, the complainant had spent more than Rs.2,80,000=00 towards his medical treatment, purchase of medicines spend any amount for his medical treatment, Hence, the question of paying Rs.2,80,000=00 or interest of Rs.20,000=00 does not arise.
The OP further submitted that, while the complainant was in service, he was allotted the company’s quarters bearing No.360/B, but the complainant was not vacated the company’s quarters. The complainant not only vacated the company’s quarters and he has also not produced no due certificates from various departments of the company as required till date for settling his dues like PF and gratuity. Hence, the complainant was requested to submit no due certificate immediately along with requisite applications to settle the PF and gratuity. Hence, there is no deficiency in service on the part of the OPs. All other averments and allegations made in the complaint are hereby denied as false and baseless and the complainant is put to strict proof of the same. Hence, it is prayed to dismiss the complaint with exemplary cost, in the interest of justice and equity.
4. In the course of enquiry in to the complaint, the complainant and OP have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. Both parties have filed their written arguments and produced documents which were marked as Ex-C1 to C4 and Ex-D1 to D8. We have heard the arguments of both parties and pursued the documents and then posted the cases for orders.
5. Based on the above materials, the following points will arise for our consideration.
1. Whether there was deficiency in service on the part of the OP as alleged by the complainant?
2. What Order?
6. Our findings on the above points are;
Point no.1: In the negative
Point no.2: As per the final order below.
REASONS
7. As looking into the allegations made in the complaint and also affidavit evidence, the complainant had met with an accident on 4-2-2015 when he was in service and suffered limb condylar femur fracture with vascular imperior. For that, the complainant had admitted to St. Johan medical college hospital, Bengaluru and also at Fortis hospital, Bengaluru for his medical treatments. The complainant had spent more than Rs.2,80,000=00, but the OP has not paid the medical expenses of Rs.2,80,000=00 towards purchase of medicine, conveyance and other incidental charges.
8. On the contrary, the OP submits that, the OP has spent Rs.6,15,789=00 towards medical expenses and other incidental charges. The OP has also paid wages against the accident leave to the tune of Rs.69,478=00 from 4-2-2015 to 10-5-2015. To substantiate the above said facts, the OP has produced documentary evidence/Ex-D1 to 7. This evidence of the OP remains unchallenged, to disbelieve this evidence of OP, there is no rebuttal evidence, therefore it is proper to accept the contention of the OP.
9. The complainant further alleged that, after retired from the service, the OP has not settled the pensionary benefits like DCRG and PF. On the contrary, the OP has submitted that, the complainant has not vacated the Company’s quarter and also not produced No Due Certificate from the various departments of the company till today, it is required to settle the pensionary benefits to the complainant. In this regard, the OP has produced document/Ex-D3.
10. On perusal of the documents produced by both parties, it is clear that, there is no deficiency in service on the part of the OP. As the OP has produced documentary evidence that, the OP has spent Rs.6,15,789=00 towards medical expenses i.e. more than the claim amount of the complainant. Further, the OP has issued letter dated 9-4-2015/Ex-D3 advising the complainant to hand over the possession of the quarter allotted to him and also advised to handover all the charges to the person nominated by your HOD. Further, the OP has also informed the complainant through a letter dated 28-10-2016/Ex-D7, the OP had advised to the complainant to vacate and handover the said quarter key to the time office on or before 10-11-2016 and submit no due certificate and they will ready to settle the full and final settlement dues if any. The said letter was refused by the complainant as per EX-D8. However, the complainant has not produced any documentary evidence to prove that, he has submitted no due certificate and also vacated the company’s quarter. As such, we are of the view that, the oral and documentary evidence of OP placed before the forum are more believable trustworthy and acted upon than the material evidence of the complainant. So in view of discussion made hitherto, we hold that, the complainant has failed to prove this point with believable material evidence that, the OP is negligent and there is deficiency of service on the part of the OP in not settling his claim. Accordingly, we answer this point in a negative. In the result, for the foregoing reasons, we proceed to pass the following order.
ORDER
The complaint filed by the complainant is dismissed. No costs.
Supply free copy of this order to both parties.
(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by me in the Open Forum on this, the 30th day of August 2017)
LADY MEMBER PRESIDENT
