DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 56/2014
Date of Filing: Date of Admission Date of Disposal:
06.02.2014 10.02.2014 12.08.2014
PETITIONER = Vs. = O.Ps.
Tapan Kumar Chatterjee, 1. The State of West Bengal
S/o. Late Nalini Ranjan Chatterjee, Represented by-
1/22, Sarojini Pally, P.O. Nabapally, District Magistrate & Collector
P.S. Barasat, District Magistrate &
Dist- North 24 Pgs, Collector Administrative Building
Kol-126. Barasat, Dist- North 24 Pgs,
Kol-124.
2. Assistant Secretary,
Govt. of West Bengal,
Land & Land Reforms Deptt,
Medical Cell, Writers’ Buildings,
Kolkata- 700001.
J U D G E M E N T
Brief fact of the case, is that the complainant has under gone in West Bengal Health Scheme since January,2011 onwards and Rs. 300/- is being deducted in every month from the Pension Account of this complainant as per the need of the said health scheme. The name of the wife of the complainant Smt. Karuna Chatterjee had undergone an ‘eye surgery’ on 24.02.13 in Dr. Sarker Eye Care, Astha Apartment, and accordingly, the office of the O.P concern has been intimated on 07.03.13 for the necessary reimbursement as per West Bengal Health Scheme which was within due time as the West Bengal Health Scheme, 08 views in this regard. Complainant stated that he had incurred Rs. 18,157/- out of his pension money
towards the said eye surgery of his wife. Being bonafide consumer, the complainant has made several communications with the office of the O.P but no result. Ultimately, complainant wrote to Assistant Secretary to the Government of West Bengal, Land & Land Reforms Deptt, Medical Cell, Writers’ Buildings, Kolkata for looking into the matter. Complainant ultimately sent a legal notice on 29.12.13 but O.P took no steps. Hence the complainant claimed for
Dictated and corrected Contd. …. 2/-
C. C. Case No.-56/2014
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reimbursement of the entire sum of Rs. 18,157/-, compensation of Rs. 50,000/- and litigation cost of Rs. 10,000/- and harassment and mental agony of Rs. 20,000/-.
O.Ps contested the case by filing affidavit-in-chief.
O.Ps stated that Government has pleased to accord sanction to the tune of Rs. 10,987/- in favour of the complainant towards the reimbursement cost of the medical attendance & treatment of his wife. Accordingly, a cheque of Rs. 10,987/- has been prepared in favour of the complainant and complainant was requested to collect the cheque from the office vide office Memo No. A12021/39/2012-ESTC/100967/1 dated 23.04.14.
Point for decision
Whether the complainant is entitled to get refund of Rs. 18,157/- or Rs. 10,987/- which has been sanctioned by the Government in his favour?
Decision with Reasons
Complainant has examined himself by affidavit in chief.
There is no doubt that the complainant is entitled to get reimbursement of his wife’s surgery under the West Bengal Health Scheme. Complainant had incurred expenses of Rs. 18,157/- which is supported by medical vouchers and report of Diagnostic Centre. It is also admitted fact that Rs. 300/- is being deducted in every month from the pension account of the complainant.
Opposite Parties have stated in their affidavit-in-chief that the Forum for settlement of claim for reimbursement along with vouchers submitted by the complainant. The U.D.C was forwarded to Assistant Secretary, Land & Land Reforms Deptt, West Bengal, Writers’ Buildings and they have sanctioned Rs. 10,987/- towards the reimbursement of the claim. But it not clarified by the opposite parties as to why they did not accord their sanction in full reimbursement of the entire sum i.e. Rs. 18,157/-.
As per Health Scheme of Rule 12 the application for settlement of claim under the scheme shall be made within three months of the completion of the treatment. It is also settled law that an eligible State Government Pensioner and his/her family members/ family pensioner shall be entitled to the medical attendance and treatment facilities as entitled by the State Government employees under clauses 6,7,9 and 14 of the West Bengal Health Scheme, 2008.
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Considering the relevant provision of law and all the medical papers produced by the complainant, we are of the view that the complainant is entitled to get full reimbursement of Rs. 18,157/- towards the cost of eye surgery of his wife.
Due to delay and harassment, the complainant is entitled to get Rs. 5,000/- as compensation and complainant is also entitled to get litigation cost of Rs. 2,000/- from the O.Ps.
In view of the aforesaid discussion, complaint succeeds.
Hence
Ordered,
that the complaint be and the same is allowed on contest with cost against the O.Ps.
O.Ps are directed to pay the entire amount of Rs. 18,157/- to complainant within two months from the date of this order.
O.Ps. are further directed to pay Rs. 5,000/- as compensation to the complainant for causing delay and harassment and also for litigation cost of Rs. 2,000/- within one month from the date of this order.
Opposite parties are directed to comply the order very strictly within stipulated time, failing which for non-compliance of the Forum’s order O.Ps shall be imposed punitive damage as Rs. 100/- per day what shall be deposited to the State Consumer Welfare Fund.
Let copies of the ‘Order’ be supplied to the parties free of cost, as and when applied for.
Member President
Dictated & Corrected by me.
