PER: SRI SATISH KUMAR PANIGRAHI, PRESIDENT
The fact of the case in brief is that the complainant has filed this Consumer complaint Under Section 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the Opposite Parties (in short O.Ps.) for redressal of her grievance before this Commission.
2. The complainant is the wife of late Arun Kumar Behera who was working as Section Officer, Block Office, Jagannathprasad, Dist: Ganjam and was discharging his duty in the fight of Covid-19 for the mankind. While doing so, he lost his lie on 24.07.2020 leaving the complainant in dark of her life. The complainant herein is the beneficiary being the legal heir of late Aruna Kumar Behera. After death of husband late Aruna Kumar Behera the O.P.No.2, i.e. Collector and Dist. Magistrate, Ganjam, Chhatrapur issued a message declaring late Aruna Kumar Behera as Covid Warrior of Ganjam district in his message. The State Government of Odisha in Finance Department Resolution No.22086/F dated 04.08.2020, No. 22094/F dated 04.08.2020 and No.22099 dated 04.08.2020 have directed to extend financial assistance of Rs.50,000/- to the heirs of deceased Covid-19 warriors and accordingly the case of the complainant was processed in office letter No. 6597 dated 17.08.2020 by O.P.No.2. The proposal for sanction of Covid-19 warrior family assistance was duly forwarded by the O.P.No.1 to the O.P.No.2 in his office letter No.2391 dated 18.08.2020. The O.P.No.2 i.e. the Collector and District Magistrate, Ganjam in his office letter No. 6674 dated 19.08.2020 submitted the filled in application to the complainant for incentive under OCSC (Compensates Grant) Rules, 1994 in case of Govt. Employees covered under OCS Rules, 1994 in case of Govt. Employees covered under (Pension) Rules, 1992 who succumbed to death due to Covid-19 infection in line of duty under active deployment of state authorized to the O.P. No.3. In case of death as Covid-19 warrior on state duty, there is payment of Rs.50.00 lakhs out of the fund from Chief Minister Relief fund available fund of DRDA, Ganjam fund awaiting from GA & PG Department for recoup. Even after lapse of one and half years and approaching two years from the office letter No. 6874 dated 19.08.2020 of the O.P.No.2 to O.P.No.3 there is no response by the said authority for which the complainant being the beneficiary is put to harassment causing mental agony. It is settled that a Government servant can raise any dispute regarding his service conditions or for payment of Gratuity or GPE or any of his retrial benefits before any of the forums under the Consumer Protection Act, 1986, as decided in (Dr. ) Jagmittar Sorn Bhagal vrs. Director Health services, Haryana (2013) 10 SCC 136, 2013(5) SCJ-2013(2) LS (AP285 (SC) and in light of the aforesaid decisions of the law court, the complainant files the dispute for redressal. The complaint is in time and complainant resides within the territorial jurisdiction of this Hon’ble Commission. Similarly, the O.P.No.1 and O.P.No.2 resides within the territorial jurisdiction of this Hon’ble Commission and the authorities witnessed the incident and have processed the matter for release of payments to the O.P.No.3 who kept matter pending without consideration. As such, this Hon’ble Commission has the jurisdiction for trial of the dispute for redressal. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.P.No.3 for sanction of Rs.50,00,000/- as decided by Government of Odisha along with interest in the best interest of justice.
3. The Commission admitted the case and issue notice to the Opposite Parties which duly served upon and sufficient. But except O.P.No.1 no other parties were represented in the case and nothing have been filed in defense.
4. On the date of final hearing the Commission heard from the Advocate of complainant Sri Kailash Chandra Mishra. The Commission minutely verified the complaint, evidence and documents available in the case record. It is apparent from the record that the Annexure-2 is self explanatory further no need to discuss on it. Now it is pending for consideration with O.P.No.3. The law is well settled in Pooja versus State of GNCT, Delhi reported in 2023 (Live Law (Delhi) 1160, the Hon’ble High Court of Delhi emphasized that, “the amount in terms of the cabinet decision dated 3rd November 2023 shall now be released to the petitioner and the father”.
In view of the ratio decidendi, in Pooja (Supra) Commission allowed the complaint against O.P.No.3 partly and dismissed against the O.P.No.1 & 2.
Resultantly the O.P.No.3 is directed to consider the letter No. 6519/Emg. Dated 17.08.2020 at an early date and release the financial assistance of Rs.50,00,000/- to the wife of complainant Covid-19 warrior Arun Kumar Behera who have lost his lie due to covid-19 while in live of active duty under active deployment by the State Authorities as per the Finance Department Resolution No. 22086 dated 04.08.2020, 22094 dated 04.08.2020, 22099 dated 04.08.2020and Health & Family Welfare Department letter No. 17197 dated 20.07.2020 within two months from the date of receipt of this order. In the event of non-compliance of the order by the O.P.No.3, the complainant is directed to recover the said amount from the O.P.No.3 which shall carry interest @12% per annum from the date of issue of letter by the O.P.No.2 i.e. with effect from 17.08.2020 till the date of actual payment made by the O.P.No.3 in accordance to the mandatory statutory provision of the Consumer Protection Act, 2019.
The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.
A certified copy of this Judgment be provided to the respective parties free of cost as mandated by the Consumer Protection Act, 1986 or the copy of this order be downloaded from www.confonet.nic.in to treat same as copy supplied from this Commission.
The file is to be consigned to the record room along with a copy of this Judgment.
Pronounced on 29.02.2024
