Tamil Nadu

South Chennai

CC/72/2015

M/s.S.Kannan - Complainant(s)

Versus

The Secretary, Vallal S.I.Alagarsamy Higher Secondary School - Opp.Party(s)

Party in Person

10 Sep 2018

ORDER

                                                                        Date of Filing  : 12.12.2014

                                                                          Date of Order : 10.09.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.72/2015

DATED THIS MONDAY THE 10^TH DAY OF SEPTEMBER 2018

                                 

Mr. S. Kannan, M.A., Med., DSM.,

S/o. Late R. Seshadri,

No.93/6, Muthuvilla,

Gengu Reddy Road Lane,

Egmore,

Chennai – 600 008.                                                     .. Complainant.                                                       

 

    ..Versus..

 

The Secretary,

Vallal S.I. Alagarsamy Higher Secondary School,

Nos.2 & 3, Adam Sahib Street,

Royapuram,

Chennai – 600 013.                                                 ..  Opposite party.

          

For complainant                   :  Party in person

Counsel for opposite party  :  Mr. P.D. Rajaboj

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to  pay a sum of Rs.45,000/- towards compensation for mental agony, torture, inordinate delay, hardship, unfair trade practice and deficiency in service with cost to the complainant.

 

1.      The averments of the complaint in brief are as follows:

The complainant submits that the opposite party is an Aided School where in the complainant worked as a P.G. Assistant in Economics and retired from service on 30.06.2010.   Further the complainant submits that as per G.O. MS No.237 dated:22.07.2013,  the complainant is entitled for the Revised Basic Pay and Revised Grade Pay which was duly sanctioned by the District Educational Officer, Chennai East on 15.09.2014.  The same was duly communicated to the opposite party.   Even after repeated requests and demands by the complainant dated:30.06.2014 & 27.11.2014, the opposite party has not taken sufficient steps to draw and pay the amount to the complainant.   Further the complainant submits that the opposite party with an intention to harass the complainant created false documents without date and acknowledgement.  Similarly, the opposite party in order to drive the complainant from pillar to post sent letter requesting the complainant to submit bank Account number.  The arrears related to basic pay and grade pay were credited into the account of the complainant on 17.12.2015 after inordinate delay of more than one year.  The wanton and deliberate delay on the part of the opposite party caused great mental agony and hardship to the complainant who is a pensioner.  Hence the complaint is filed.

2.      The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.   The opposite party states that the complainant retired from service on 30.06.2010.  Immediately, after the receipt of the complainant’s requisition letter dated:13.06.2014, the opposite party took earnest efforts in sending the pay revision proposal to the District Educational Officer, Chennai East and due sanction was obtained on 15.09.2014.   Further the opposite party states that the complainant did not extend his co-operation in sending the pension revision proposal to the authorities.   It is submitted by the opposite party that for the revision of pension, along with the requisition of the complainant, his service Register and other relevant statements, working sheets etc., are to be sent to the Accountant General Office, Chennai – 18 by the District Educational Office.   The opposite party submits that till date the complainant has not come forward to sign the required papers.   Further the opposite party states that the complainant has not produced the account number and has not co-operated in drawing and disbursement of revised basic pay and Grade pay.    Further the opposite party states that the compensation claimed is exorbitant and imaginary.   The case against the Education Institution is not coming under the purview of Consumer Protection Act.   Therefore, there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

3.   To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A7 are marked.  Proof affidavit of the opposite party filed and documents Ex.B1 to Ex.B4 is filed and marked on the side of the opposite party.   

4.      The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.45,000/- towards compensation for mental agony and unfair trade with cost as prayed for?

5.      On point:-

Heard both sides.   Perused the records namely the complaint, written version, proof affidavits, documents etc.  The complainant pleaded and contended that admittedly, the opposite party is an Aided School where in the complainant worked as a P.G. Assistant in Economics department and retired from service.   Further the complainant contended that as per G.O.MS No.237 dated:22.07.2013, the complainant is entitled for the Revised Basic Pay and Revised Grade Pay which was duly sanctioned by the District Educational Officer, Chennai East on 15.09.2014 as per Ex.A2.  The same was duly communicated to the opposite party vide Ex.A3.  Even after repeated requests and demands, the opposite party has not taken sufficient steps to draw and pay the amount to the complainant.   Further the contention of the complainant is that the opposite party with an intention to harass the complainant created false documents which is apparently clear from Ex.B1 letter without date and acknowledgement.  Similarly, the opposite party in order to drive the complainant from pillar to post sent letter requesting the complainant to submit bank Account number even after admitting that the complainant worked in the opposite party school and retired from service therein drawn salary through ECS.  Eventhough as per Ex.A2, due G.O. has been passed the arrears related to basic pay and grade pay were credited into the account of the complainant on 17.12.2015 after inordinate delay of more than one year as per Ex.A7.  The wanton and deliberate delay on the part of the opposite party caused great mental agony and hardship to the complainant who is a pensioner.  The complainant is claiming a sum of Rs.45,000/- towards deficiency in service and unfair trade practice.

6.     The contention of the opposite party is that admittedly, the complainant retired from service.  Immediately, after the receipt of the complainant’s requisition letter dated:13.06.2014, the opposite party took earnest efforts in sending the pay revision proposal to the District Educational Officer, Chennai East and due sanction was obtained on 15.09.2014.  But the opposite party has not produced any letter to prove that pay revision proposal was sent in time by the opposite party.  Further the learned Counsel for the opposite party contended that the complainant  did not extend his co-operation in sending the pension revision proposal to the authorities.    But the opposite party has not stated anything about the non-cooperation of the complainant in revised pension.  Moreover, after retirement what is the duty left behind the pensioner for such procedure for claiming revised pension.   The duty lies upon the Drawing Officer of the opposite party for due claim and disbursal.   In this case, as per G.O. MS No.237 dated:22.07.2013, the order passed by the District Education Officer dated:15.06.2012 came to the knowledge of the opposite party quite long back.   But the amount disbursed only on 17.12.2015 after institution of this case proves the deficiency in service.   Further the contention of the opposite party is that the complainant has not produced the account number and has not co-operated in drawing and disbursement of revised basic pay and Grade pay; is not at all acceptable.    Because admittedly, the complainant worked in the opposite party institution drawn salary through ECS and retired from the service.   Further the contention of the opposite party is that the compensation claimed is exorbitant and imaginary.   The case against the Education Institution is not coming under the purview of Consumer Protection Act; is not acceptable.   Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall pay Rs.15,000/- towards compensation for mental agony with cost of  Rs.5,000/-.

In the result, this complaint is allowed in part.  The opposite party is directed to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 10^th day of September 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	30.06.2014	Copy of Requisition letter to the opposite party
Ex.A2	15.09.2014	Copy of Sanctioning order of the District Educational Office, Chennai (East), Chennai – 600 094 as per G.O. Ms. No.237 dated:22.07.2013 to the School Secretary Letter dated:08.08.2014
Ex.A3	27.11.2014	Copy of reminder letter to the School Secretary
Ex.A4	15.09.2014	Copy of Sanctioning order of the District Educational Office, Chennai (East), Chennai – 600 094 as per G.O. Ms. No.237 dated:22.07.2013 to the School Secretary Letter dated:08.08.2014
Ex.A5 Series	09.06.2015	Copy of reminder letters of the District Educational Officer, Chennai East, Chennai - 94 to the School Secretary
Ex.A6	06.11.2015	Copy of approval of the Accountant General Office, Chennai – 18
Ex.A7		Copy of Bank pass book of the complainant

 

OPPOSITE  PARTY SIDE DOCUMENTS:      

Ex.B1		Copy of Pension Revision Proposal papers without signature of the parties concerned
Ex.B2	13.02.2015	Copy of letter of the Head Master Vallal ST.AC. Hr. Sec School, Chennai - 13
Ex.B3	14.02.2015	Copy of the receipt issued by the Professional Courier
Ex.B4	14.03.2014	Copy of Specimen of pension Revision Authorisation of Mr. K. Mohan (as an evidence)

 

 

MEMBER –I                                                                      PRESIDENT