KUNDAN LAL SHARMA Vs. NORTHERN RAILWAY, BARODA HOUSE

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/complainant against the impugned order dated 17.9.2012, passed by learned State Commission in First Appeal No. 1244/2010, General Manager, Northern Railway & Ors. v. Kundan LaL Sharma, by which, while allowing appeal, order of District Forum was set aside and complaint was dismissed.

(2.) Brief facts of the case are that complainant/petitioner was an employee of Northern Railway, Jalandhar City, who has retired from services. As per Railway Rules, employees of Railways are entitled to medical treatment for themselves and their family members from the Railway Hospital. On 19.5.2006, Shivani Sharma, the daughter of complainant, met with an acciuent and was taken to Railway Hospital but as there were no proper facilities for treatment, complainant took her to Orthonova Hospital, Jalandhar, where she was treated and complainant incurred expenses to the tune of Rs. 23,636. Complainant submitted bills to OP for reimbursement but OP reimbursed only Rs. 8,450. Alleging deficiency on part of OP, complainant filed complaint against OPs. OPs contested the case and submitted that complainant was not entitled to reimbursement of the claim because medical officer of OPs has not recommended complainant's daughter for treatment from a private hospital. It was further alleged that complainant does not come within the purview of 'consumer' and complaint is also barred by time and prayed for dismissal.

(3.) Learned District Forum after hearing both the parties allowed the complaint and directed OP to pay Rs. 15,186 to the complainant along with Rs. 7,000 as compensation and costs of litigation. OP filed appeal and learned State Commission vide impugned order, while allowing appeal, dismissed complaint against which this revision petition has been filed.