Orissa

Rayagada

CC/218/2015

Smt. Bomalatha Vijaya, - Complainant(s)

Versus

The Superintending Engineer, SouthCo, - Opp.Party(s)

Sri Dasara Ravi Prsad

29 Aug 2016

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

                                           C.C. Case  No.218/ 2015

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                               President.

Sri Gadadhara Sahu,B.Sc.                                      Member

Smt.Bomalatha Vijaya ,wodow of Bommalata Bhaskar Rao, Residing at Electricity Colony, Now residing at Golla Street, Daily Market, Rayagada, Po/Ps/Dist. Rayagada.                                                                                            ….Complainant

                                                            Vrs.

1. Superintending Engineer, Electricals, South Co. Rayagada.
2. Executive Engineer, Electricals, South Co. Rayagada.

…..…..Opp.Parties

Counsel for the parties:

For the complainant: Sri D.Ravi Prasad, Advocate, Rayagada.

For the O.P 1 & 2: Self

                                                            JUDGMENT

                        The facts of the complaint  in brief is that the complainant  is the legally married wife of Sri Bomalata Bhaskar  Rao  who was  an employee  under the O.ps  and he was died on 28.07.2013 and the death certificate and other claim forms were duly submitted to the O.Ps to pay the service benefits to her but it was not done and delayed intentionally for which she  along with her children is now depending on the mercy of her friends and relations  and even it amounts to begging. Hence prayed to direct the O.p to pay the entire death benefits of her husband  and also direct to release the P.F contributions, gratuity, utilized leave, GIS and other benefits  which is also being maintained by the O.ps  and allow her family pension etc. and such other relief as the forum deem fit and proper.  Hence, this complaint.

                        Being noticed, the O.p No.2   appeared and filed his written version and the O.p No. 1,did not file their version as such  the O.P 1 was set exparte.  It is stated by the O.p No. 2   that  the complainant is neither a consumer nor the O.p is a provider of service under this cast, so this forum has no jurisdiction to entertain any complaint filed by the complainant  or grant any relief to the complainant.  Regarding payment of P.F contribution, the complainant has got the entire amount on 31.07.14  and the amount has been credited in her SB Account No.549302010006079 and receipt of the legal heir certificate, death certificate and affidavit on dt.22.01.2014 the provisional family pension has been sanctioned in her favour  during the month of  August,2014 and regarding settlement of final pension, gratuity, GIS and financial rehabilitation assistance etc., a request letter has been issued to the complainant for submit of clearance from the bank authorities on outstanding dues along with required applications and though several request letters have been issued  but till date the complainant has not submitted the same before the competent authority.  In view of the aforesaid facts and circumstances the complaint petition is devoid of any merit and hence liable to be dismissed in limine.

                                                            F I N D I N G S

                        We perused the written version and heard the complainant. Basing on the pleadings of the parties the following issues are framed for determination:-

1. Whether the complainant is a consumer as per the definition of the C.P.Act ?
2. Whether there is any deficiency in service on the part of the Ops ?
3. What relief the complainant is entitled ?

 

Issue No.1

                        The Opposite Parties have categorically denied and submitted that the present complaint is not maintainable as the case is purely civil and relating to dispute of finance with the Ops and the dispute is not coming within the definition of C.P.Act as the payment of salary, arrear and death claims of the deceased  to the legal heirs with a interest are not coming within the purview of the consumer forum. On ther other hand the advocate for the complainant argued that as the consumer protection act is a benevolent legislation and as an additional remedy available to the consumers,  as such as  per the Sec.3  of the C.P.Act,1986 the complaint is maintainable. Sec.3 of the C.P.Act provides additional remedy  in addition to the remedies provided under other acts and it  is not in derogation of any provisions of any law. The consumer forum has therefore jurisdiction to entertain this complaint. Hence, in view of the above submission of the complainant, it is  concluded that  the case of the complainant would fall within the scope and ambit of the Service 2(o) of the C.P.Act which provides that service means service of any description which is made available to potential (users and includes  but not limited to, the provisions of ) facilities in connection with banking and financing. Hence, the complainant is a consumer.

Issue No.2

                        It is the case of the complainant that the complainant is the lawful wedded wife of Bommalata Bhaskar Rao. The husband of the complainant died on 28.07.2013 leaving wife, mother and two sons and after the death of her husband mother-in-law  Smt.B.Appayamma became the  head and karta of their family. As a karta of the family mother-in-law  has given consent to the complainant to release the amount in her favour and have no objection.

                        The complainant produced the legal heir certificate and other documents before the Ops to pay the legitimate amounts of the deceased B.Bhaskar Rao husband of the complainant. Regarding settlement of final pension, gratuity, GIS and financial, rehabilitation assistance etc. the Ops given letter to the complainant to submit  clearance from the bank authorities on outstanding dues along with required applications.

                        Simply the Ops denying all the allegations and trying to escape from all the liabilities.Whereas  the complainant has no knowledge  regarding the bank loan of her husband and the Ops also not provided the details of bank loan and bank statement neither to the complainant nor to the forum.

                        Since after the death of her husband for last four years non payment of dues and non performance of statutory duty by the Ops is clearly shows an utter guilty Thereby encroaching the fundamental rights of a citizen who is a widow and  already unemployed. The officers entrusted with the statutory duty  does not do the same or do it arbitrarily causing much hard ship to the citizens and in order to prevent such arbitrariness the Hon’ble Supreme Court has issued specific direction to all the government authorities stating that , “ violation of laws and repeated to dereliction of duty/misfeasance for extraneous by officers/officials leading to subversion of the law”. The Supreme Court directions were duly complied by the State Government which the notification No.2316(210) dt.10.08.2009 was issued( For more reference to See page 429 of S.C.C.2006).

                        The Hon’ble National Consumers Disputes Redressal Commission, New Delhi has stated specific in the case of Ansal Properties and Infrastructure Ltd. vrs. Sanjay Gupta and others in R.P.No.2858 of 2013. Consumer Protection Act 1986 Section 2(1)(d),15,17,19 and 21-Pension- Non payment- pension is a Consumer Law does not make any distinction between Government and private companies. The Hon’ble Commission directed the respondent and Petitioner to pay the said amount within 45 days from the date of order otherwise, it will carry interest @ 10% p.a. till its realization.

                        It is settled principle of law that, statutory authorities should act  under the provisions of the statue and   if they do not act accordingly consumers  have the jurisdiction  because not acting under the provisions act amounts to negligence in duty/deficiency of service.

Issue No.3

                        Considering the instructions of the Government from time to time the decisions of the Hon’ble High Court, Hon’ble Supreme Court and Hon’ble National Commission on the subject this forum reaches to give findings that the Ops are acted in most arbitrary manner right from 28.07.2013 till  the death of the husband of the complainant land also intended to deprive him  of her legal rights provided under the statue as well as under the constitution of India and the Ops also without applying their minds acted in most negligent manner and as such the Ops are jointly and severally responsible for the consequences. Hence, it is ordered.

                                                               ORDER

                        The petition of the complainant is allowed on contest. The Ops are ordered to settle the final pension, gratuity, GIS and financial benefits etc. of the complainant. Before payment of the arrears to the complainant the Ops are also directed to deposit 60% of the settled amount with the bank and collect clearance. The balance 40%  settled dues be paid to the complainant  and consider the rehabilitation assistance application. The complainant  is also ordered to submit the required documents to the competent authorities through the Ops. The complaint is allowed on contest against the Ops. Parties to bear their own cost. The order should be complied by the Ops within 30 days of receipt of this order.

                        Pronounced in open forum today on this 5^th day of  October,2016 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

Member                                                                                               President

Documents relied upon:

By the complainant:

1. copy  of   death certificate
2. copy of legal heir certificate
3. copy of  service book of the deceased
4. copy of affidavit

By the Opp.Party: Nil

 

                                                                                                 President