DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANANTAPUR.

PRESENT: - Sri C.Thyagaraja Naidu, B.Sc., B.L., President 

Smt.S.Lalitha, Member, M.A., M.L.,                     

Sri S.Niranjan Babu, B.A., B.L., Male Member

Monday, the 22^nd  day of November, 2010

C.C.NO.108/2010

Between:

                 Smt.K.Indiramma

                 W/o K.Subba Rao

                 D.No.2-130, Cholemarri (V)

                 Roddam Mandal

                 Anantapur District.                                                                   …  Complainant

                Vs.

      1.  The President,

            Roddam Kamba Mahila Mandal

            Samaikya Sangam

                       Roddam Village & Mandal

            Anantapur District.

1. The  Project Officer,

D.R.D.A.,

Anantapur.

                 3.   State of A.P. rep. by

                       District Collector,

                       Anantapur.                                                                    …. Opposite Parties

This case coming on this day for final hearing before us in the presence of                       Sri N.R.K.Mohan and Sri A.Suresh Kumar, advocates for the complainant and                    Sri R.Harinatha Reddy, advocate for the 1^st opposite party and the opposite parties 2 & 3 are called absent and set-exparte and after perusing the material papers on record and after hearing the arguments of both sides, the Forum delivered the following:

O R D E R

Smt.S.Lalitha, Lady Member: - This complaint has been filed by the complainant under section 12 of Consumer Protection Act, 1986 against the opposite parties 1 to 3 to direct them to pay a sum of Rs.5,000/- towards the monthly pension from November, 2009 till date at Rs.500/- per month, to pay Rs.500/- per month to the complainant towards monthly pension from the date of complaint till her life time as per Abhaya Hastam Scheme, to pay a sum of Rs.10,000/- towards mental agony and costs of the complaint. 

2.         The brief facts of the complaint are that: - The complainant is permanent resident of Cholemarri Village and joined as member of Podupu Sangham in Kanyaka Parameswari Sangham, Cholemarri in 2002.  The Government has introduced a scheme in the name of Abhaya Hastam, which exclusively applicable for women subject to some conditions.  As per the scheme, the Government has given some conditions and the main aim of the scheme is any individual who satisfied the conditions as per the scheme is entitled to have the pension of Rs.500/- per month. As per the conditions mentioned in the scheme (1)  the members of the Swayam Sahayaka Sangam, which is recognized by Indira Kranthi Patham Programme.  The Pass Book issued by Swayam Sahayak Sangam shows that the complainant is one of the member in Kanyaka Parameswari Mahila Sangam and also recognized under Indira Kranthi Patham.   (2) The candidate should have one year past membership as on 30-06-2009 by this date.  The complainant is member in the said group since 2002.  (3) The candidate age should be above 18 years.  The documents filed clearly show that the complainant is above 60 years. (4) The candidate should be white card holder.  The complainant is the white card holder and copy of the same is filed. (5) There should be recommendation from Sangham confirming the eligibility under Abhaya Hastam Scheme.  Only after confirmation the group has collected amount from the complainant.   The complainant has complied all the conditions under the scheme as mentioned above.  Thus, the complainant is eligible to have monthly pension of Rs.500/- per month as per the scheme of the Government.  It is submitted that the said publication issued by the Government, it is also noted some modes of payment to join as member in the said scheme.  It is one of the mode that that the candidate, who had completed 60 years or more than that they should pay a sum of Rs.3,600/- in a single installment.  As the complainant is more than 60 years, she had paid a sum of Rs.3,685/- in a single installment  on 15-10-1999.  Copy of voucher to show the payment of Rs.3,685/- in Andhra Pragathi Grameena Bank, Pedda Manthur filed along-with complaint. Copy of Secondary School Leaving Certificate filed to show the age of complainant.  All the documents filed clearly confirm s that the complainant is eligible to have Rs.500/- per month towards pension from the Government as per Abhaya Hastam Scheme.   Inspite of the requests of the complainant, the opposite parties did not respond properly to pay pension to the complainant as she reached above 60 years.  Hence, the complainant got issued legal notice to the opposite parties on 19-07-2010 for which there is no reply from the opposite parties. The complainant alleged that the opposite parties are negligent and there is deficiency of service on the part of the opposite parties, which leads to mental agony to the complainant.  Hence, the complainant is claiming a sum of Rs.10,000/- towards mental agony and the opposite parties are liable to pay Rs.500/- per month to the complainant towards monthly pension  and liable to pay a sum of Rs.5,000/- i.e. from  November, 2009 to till now and costs of the complaint. 

3.         The 1^st opposite party filed counter and vehemently denied all the pleadings of the complainant. The opposite party submits that they have no knowledge about the paying of amount of Rs.3,685/- into the Bank on 15-10-1999 as the complainant failed to produce the receipt before this opposite party to take further course of action in this regard.  As per the Abhaya Hastham Insurance Scheme, it is the duty of the concerned member to hand over the Bank voucher, which shows the proof of remittance to the Mandal Samaikya to take further action in this regard.  In the present case, the complainant has not at all submitted the proof of remittance (Bank Voucher) to this opposite party. As the complainant has not at all produced the voucher, the opposite party was not in a position to take any further action in this regard.  The opposite party submits that if really the complainant submitted the proof of evidence with regard to payment of the amount, the opposite party has certainly sent the same to the LIC Authorities alongwith data of the complainant to take further action.   The opposite party submits that the entire process is online only. The opposite party humbly submits that the complainant has not at all fulfilled the necessary requirements; the question of getting pension amount does not arise. There is deficiency of service only on the part of the complainant.  The opposite party humbly submits that the complaint does not reveal all the terms and conditions.  The complainant has intentionally and with malafide intention suppressed the material conditions in the complaint and filed this complaint before this Forum. The opposite party further submits that as the complainant is not at all entitled to get any amount as claimed by her as she violated the terms and conditions as clearly mentioned in Abhaya Hastham Insurance Scheme.  Therefore the opposite party prays this Forum to dismiss the complaint with exemplary costs.

4.         The opposite parties 2 & 3 remained exparte.

5.         Basing on the above pleadings, the points that arise for consideration are:

           1.  Whether there is deficiency of service on the part of the opposite parties 1 to

                3 ? If so whether the complainant is entitled for the amount as claimed in the

                complaint from the opposite parties 1 to 3.

            2.  To what relief?

6.         To prove the case of the complainant, the evidence on affidavit of the complainant has been filed and marked Ex.A1 to A9 documents. On behalf of the                   1^st opposite party, evidence on affidavit of 1^st opposite party has been filed and no documents have been marked on behalf of the 1^st opposite party. 

7.         Heard both sides.

8.       POINT NO.1 :- The complainant is resident of Cholemarri Village and joined as member of Podupu Sangham in Kanyaka Parameswari Sangham, Cholemarri in 2002 Ex.A1.  Ex.A2 are the proof of residence and proof of member of Sri Kanyaka Parameswari  Mandal Samakya.  The Government has introduced a scheme in the name of Abhaya Hastam under Ex.A3 for the welfare of the women by which the women, who is enrolled as member in this scheme after satisfying all necessary requirements, eligible to get pension of Rs.500/- per month. The contention of the complainant is that she has fulfilled all the requirements and she is eligible for enrollment in the said Abhaya Hastam Scheme.  As per publication issued by the Government under Ex.A3, it is noted that some modes of payment to join as member in the said scheme and column No.7 is one of the note that the candidate who has completed 60 years or more than that  should pay a sum of Rs.3,600/- in a single installment.  As the complainant has completed more than 60 years as per Ex.A4,she had paid a sum of Rs.3,685/- in a single installment on 15-10-2009.  Ex.A5 is the receipt of payment in Andhra Pragathi Grameena Bank.  As the complainant has completed 60 years, she is expecting pension amount from the Government.   As she did not get pension, she approached the opposite parties for pension, but there was no response. Hence, the complainant gave legal notice to the opposite parties on 19-07-2010 under Ex.A6 to consider the matter, but there was no reply.  Hence, the complainant approached this Forum for redressal and deficiency of service on the part of the opposite parties.

9.         The 1^st opposite party filed counter and denied all the allegations of the complainant. The contention of the 1^st opposite party is that they have no knowledge about payment of the amount of Rs.3,685/- into the Bank on 15-10-2009. The complainant has failed to produce receipt/challan before the opposite parties (Mandal Samaikya) to take further course of action in this regard.  As per Abhaya Hastam Insurance Scheme, it is the duty of the concerned member to hand over the Bank Voucher which shows the proof of remittance to the Mandal Samaikya to take further action in this regard.  If the complainant really submitted the proof of evidence with regard to payment of the amount, the opposite parties will certainly send the same to the concerned authorities. As the complainant failed to submit the receipt in time and has not fulfilled all necessary requirements, the question of getting pension amount does not at all arise.  In this regard, the 1^st opposite party filed Circular-26 of the Government vide Letter No.775/Serp/Abhayahastam/2009 dt.19-09-2009 issued by Society for Elimination of Rural Poverty, Hyderabad to the Project Director.  In the said circular, it is clearly mentioned about the procedure to be followed by the members.  There is circular in which it is clearly mention how the member has to buy share amount i.e. Vata dhanam and in the said circular it is mentioned the last date for payment of share amount Vata Dhanam is 30-09-2009.  The 1^st opposite party submits that the complainant has paid the amount on 15-10-2009 and she is not eligible. 

10.       There is no dispute regarding the residence of the complainant and there is no dispute regarding that she is member of Swayam Sahayaka Sangam and she is aged above 60 years as per the Government Scheme and as per column 7, she can pay Rs.3,600/- in single installment and get enrolled under the Scheme as member for getting benefit of Abhaya Hastam Scheme. Accordingly, the complainant has paid Rs.3,685/- in Andhra Pragathi Grameena Bank, but she did not submit the voucher to Mandal Samakya.  After one year, when she noticed that she did not get pension, she approached the opposite parties and she gave legal notice to the opposite parties for which there was no response.  The complainant has pleaded that though she fulfilled all the requirements for the enrollment of her name in the Abhaya Hastam Scheme and paid total amount according to instructions published under Scheme, she did not get pension in time i.e. as per Government Circular. She is pleading this Forum for consideration of eligibility and she should be paid the pension as per the Abhaya Hastam Scheme, as per the Circular-26 of the Government vide Letter No.775/Serp/Abhayahastam/2009 dt.19-09-2009 issued by Society for Elimination of Rural Poverty, Hyderabad to the Project Director. The last date to pay Vata Dhanam of any enrolled member was 30-09-2009.  Here the complainant has paid the amount into the Bank on 15-10-2009.  There was a delay of 15 days and more over she has not submitted the voucher to the Mandal Samaikya for consideration. Hence, there is a fault on the part of the complainant in payment of the share money i.e. Vata Dhanam for enrollment as member under the said Abhaya Hastam Insurance Scheme. There is no deficiency of service on the part of the opposite parties as the opposite parties have no knowledge about the payment amount in the Bank.  Hence, the pleading of the complainant is not considerable. The complainant is at liberty to withdraw the deposited amount as she has not enrolled as member under Abhaya Hastam Insurance Scheme. Hence, she is directed to withdraw the deposited amount from Andhra Pragathi Grameena Bank.

11.       POINT NO.2  - In the result, the complaint filed by the complainant is dismissed without costs.

Dictated to the Steno, transcribed by him, corrected and pronounced by us in open Forum, this the 22^nd  day of November, 2010.

                  MALE MEMBER                             LADY MEMBER                                   PRESIDENT

DISTRICT CONSUMER FORUM   DISTRICT CONSUMER FORUM        DISTRICT CONSUMER FORUM

                 ANANTAPUR                                ANANTAPUR                                    ANANTAPUR.                             

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

ON BEHALF OF THE COMPLAINANT:            ON BEHALF OF THE OPPOISITE PARTIES

                    -NIL-                                                                      - NIL-

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT

Ex.A1 -  Photo copy of ration card relating to the complainant issued by the Deputy

              Tahsildar, Civil Supplies.

Ex.A2  -  Photo copy of Personal Pass Book issued by Swayam Sahayaka Sangam

               in favour of the complainant.

Ex.A3  - Publication of  Abhaya Hastam Insurance Scheme.

Ex.A4  - Photo copy of Secondary School Leaving Certificate relating to the complainant

              issued by the Head Master, Parishad High School,Nyamaddela, Anantapur

              District.

Ex.A5  -  Photo copy Receipt dt.15-10-2009 showing payment of Rs.3,685/- by the

               Complainant to Andhra Pragathi Grameena Bank.

Ex.A6  -  Office copy of legal notice dt.19-07-2010 got issued by the complainant to the

               Opposite parties 1 to 3.

Ex.A7  -   Postal acknowledgement signed by the 1^st opposite party.

Ex.A8  -   Postal acknowledgement signed by the 2^nd opposite party.

Ex.A9  -   Postal acknowledgment signed by the 3^rd opposite party.

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES

• N I L –

                  MALE MEMBER                             LADY MEMBER                                   PRESIDENT

DISTRICT CONSUMER FORUM   DISTRICT CONSUMER FORUM        DISTRICT CONSUMER FORUM

                 ANANTAPUR                                ANANTAPUR                                    ANANTAPUR.                             

Typed by JPNN