BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah , B.Com B.L., President

And

Sri. M.Krishna  Reddy , M.Sc., M.Phil., Male Member

Tuesday the 02^nd day of November , 2010

C.C.No 05/10

Between:

B.Anthoni, 

S/o. B.Swamy Das,

Working as Superintendent in Mandal Praja Parishad,

Maddikera,

now at Kodumur.                                       …Complainant

-Vs-

 1 The Mandal Parishad Development Officer,

Mandal Parishad,

D.No.21/13/2,

Maddikera – 518 385.

2.The Senior Assistant ,

Mandal Parishad Office,

D.No.21/13/2,

Maddikera , Now working as a Superintendent ,

M.P.D.O.Office,

Maddikera.

3.The Chief Executive Officer,

D.No.40/31,

Zilla Parishad, park road,

Kurnool .                                                                                               

          This complaint is coming on this day for orders in the presence of Sri. B. Murali Mohan , Advocate, for complainant, and Smt. D.S. Sai leela , Advocate for opposite parties and upon perusing the material papers on record, the Forum made the following.

ORDER

(As per Sri. T.Sundara Ramaiah, President)

C.C. No. 05/10

1. This complaint is filed under section 11 & 12 of C. P. Act, 1986 praying to direct the OPs to pay

1. Medical reimbursement bill amount Rs.1,38,623/-  
2. compensation  of Rs.3,00,000/- for the mental agony  of the

          complainant  and deficiency of service  by the Ops 1 to 3  

1. costs of this complaint and
2. grant any other order or orders which are deem to be fit

           proper in the circumstances of the case.

(2)   The case of the complainant in brief is as follows::- The complainant worked as Superintendent in the Mandal Praja Parishad office at Maddikera. Presently he is working as Superintendent, Mandal Praja Parishad , Kodumur. While working as Superintendent in Mandal Praja Parishad office at Maddikera the complainant has undergone medical treatment for his heart and incurred expenditure of Rs.1,38,623/-. After the treatment the complainant presented reimbursement bill for the said sum before the OP.No.1on 14-06-2006. The District Collector issued proceedings sanctioning the reimbursement amount to the complainant on 04-01-2007. OP.No.1 has not drawn and paid the amount to the complainant. The complainant approached the OP.No.1 number of times and requested to encash the bill and pay the amount. There was no positive action from the side of OP.No.1. The complainant sent representations to OP.No.1 many times. But no useful purpose was served. The complainant is suffering much for non receipt of the medical reimbursement bill amount. The complainant suffered with the infection of his Kidneys. As the reimbursement bill was delayed he could not take proper treatment and it resulted in the removal of the kidney. The complainant incurred debts for medical treatment and paying the interest. The complainant also got issued legal notice to OPs 1 to 3. Ops 2 and 3 received the said notice but the notice sent to OP.No.1 was returned un-served. OP.No.3 gave a reply notice denying  his liability. Hence the complaint.

3.   OP.No.3 filed written version and the same is adopted by Ops 1 and 2. It is stated in the written version of OP.No.3 that the complaint is not maintainable as the complainant is not a consumer. There is no deficiency of service by the OPs. The complainant has undergone medical treatment for his heart decease in Nizam Institute of Medical Sciences , Hyderabad for the period from 31-03-2006 to 04-04-2006 and incurred expenditure of Rs.1,38,623/-. The complainant  submitted bill to OP.No.1 for reimbursement of the expenditure  incurred by him. The District Collector accorded administrative sanction dated 10-01-2007 for drawl and payment of the medical reimbursement of Rs.1,38,623/- . OP.No.2 carried the medical bill from the dispatch section of Zilla Parishad. OP.No.3 addressed a letter dated 20-09-2008 to Dr. Sivakameswari the then MPDO , Maddikera to trace out the medical bill of the applicant and settle the same. As the original medical bills were not traced the director NIMS ,was requested again to scrutinize the copies of the bills. He certified the same amount of Rs.1,38,623/-. Revised order was issued directing the MPDO , Kodumur to draw and disburse the amount to the applicant . The bill submitted by the MPDO , Kodumur was returned to the Sub -Treasury Officer stating that the original bills were not produced. Then the OP.No.1 addressed a letter to the Deputy Director, District Treasury, Kurnool to issue suitable instructions to the STO, Gudur for payment of the medical bill.  The orders are awaited from the Deputy Director, District Treasury Office, Kurnool. There is no deficiency of service by the OPs. The delay is unfortunate and not wanton. The compensation claimed towards mental agony is excessive and exorbitant. The complaint is liable to be dismissed.

4.   On behalf of the complainant Ex.A1 to A22 are marked and the sworn affidavit of the complainant is filed.  On behalf of the opposite parties Ex.B1 to B29 are marked and sworn affidavit of OP.No.3 is filed.

5.   Both sides filed written arguments.

6.   The points that arise for consideration are      

(i)   whether there is deficiency of service on the part of the OP ?

         (ii) whether the  complainant is entitled to the relief as prayed for?

(iii   To what relief?

7. Point No.1 & 2:  Admittedly the complainant worked as Superintendent in Mandal Praja Parishad office at Maddikera and presently he is working as Superintendent ,Mandal Praja Parishad Office, Kodumur. He undergone medical treatment for his heart decease in Nizams Institute Medical Sciences, Hyderabad for the period from 31-03-2006 to 04-04-2006 and incurred expenditure of Rs.1,38,623/-. After completion of treatment the complainant presented the bills for reimbursement of medical expenditure of Rs.1,38,623/- . Basing on the admissible amount certified by the Director , NIMS , Hyderabad ,the District Collector, Kurnool accorded administrative sanction dated 10-01-2007 for drawl and payment of the medical reimbursement of Rs.1,38,623/- to the complainant . As the complainant is not paid the said amount he is forced to file the present complaint.

8.   It is the case of the OPs that the complainant is not a consumer and that the present complaint is not maintainable. Admittedly the complainant is a Government employee working as superintendent in Mandal Praja Parishad office. In consideration of services being rendered to the Government right is conferred upon the complainant who is an employee to get back the expenditure incurred for his medical treatment. Service that is being rendered by the employee  to the Government is a consideration for providing medical facilities including the benefit of reimbursing the amount incurred for medical treatment of the employee and his family members . It can not be said that the OPs are rendering free service to the complainant and that the complainant is not a consumer. As an employee the complainant is a consumer as defined in Sec. 2(1) (d) of the Act. The contention of the OPs that the complainant is not a consumer and that the complaint is not maintainable  can not be accepted.  

9.   Admittedly the District Collector, Kurnool issued proceedings Ex.A2 = Ex.B4 dated 04-01-2007 ,according permission to MPDO Maddikera to draw and pay the medical expenditure amount of Rs.1,38,623/- to the complainant . Inspite of the Collectors proceedings dated 04-01-2007 the amount is not drawn and paid to the complainant by OP.No.1 .Admittedly subsequent to the sanction of the amount by the District Collector the complainant made several representations to the then the MPDO , Maddikera with a request  to draw and pay the amount to him. Inspite of several representations made by the complainant the then MPDO did not draw and pay the amount. It is the case of the OPs that the original medical bills and the sanction order of the District Collector were misplaced and therefore the complainant was not paid the amount within the time. The complainant is nothing to do with the misplacement of the original bills. If really the original bills were misplaced it is not know as to why action was not taken against the persons who are responsible for it. The complainant filed the present complaint on 12-01-2010. Even subsequent to the filling of the complaint the OPs have not chosen to pay the amount to the complainant.   As per the proceedings of the District Collector it is the OP.No.1 who as to draw and pay the amount to the complainant. The District Collector issued Ex.A2 = Ex.B4 proceedings on 04-01-2007. There is abnormal delay in settling the claim of the complainant by OP.No.1. Admittedly OPs 2 and 3 are not the drawing officers. It is OP.No.1 who has to draw and make payment to the complainant. The delay in payment of Rs. 1,38,623/- by OP.No.3 amounts to deficiency of service .Therefore  OP.No.1 can be directed to pay the amount Rs.1,38,623/-  with interest to the complainant .

10.  The complainant is claiming compensation of Rs.3,00,000/- for the mental agony suffered by him due to the deficiency of service  on the part of the OPs. The complainant who is unfortunate under went medical treatment for heart in NIMS hospital, Hyderabad from 31-03-2006 to 04-04-2006. He is not paid the said amount even though the District Collector issued proceedings on 04-01-2007 directing the OP.No.1 to draw and pay the amount . According to the complainant because of non payment of the said amount he suffered  mental , that he borrowed  amounts for  treatment of his kidneys  and that he could not take proper treatment for want of money. The complainant filed Ex.18 to 28 to show that he took treatment for his kidneys in NIMS hospital, Hyderabad. The complainant suffered mental agony due to the negligent act of OP.No.1 in not settling the claim of the complainant within reasonable time. We think that the ends of justice can be met by granting compensation for Rs.10,000/- for causing mental agony  to the complainant by OP.No.1.

11. Point No3:  In the result the complaint is partly allowed directing the OP.No.1 to pay medical reimbursement bill amount of  Rs.1,38,623/- and Rs.10,000/- for mental agony with subsequent interest at 12% pa. from the date of the complaint i.e, 12-01-2010  till the date of payment along with costs of Rs.1,000/- . The complaint against OP.No.2 and 3 is dismissed.

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 02^nd day of November, 2010.

             Sd/-                                                   Sd/-

     MALE MEMBER                                                  PRESIDENT

                  APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant : Nil          For the opposite parties : Nil

List of exhibits marked for the complainant:-

List of exhibits marked for the opposite parties:

                   Sd/-                                                                     Sd/-

           MALE MEMBER                                                                PRESIDENT

// Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

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Complainant and Opposite parties

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