th May 2009 C.C. No. 52 of 20093 4. On behalf of the complainant Ex. A1 to A9 were marked. 5. On the basis of the above pleadings the following points are settled for determination. i. Whether the complainant is entitled to receive Rs. 5,00,000/- towards compensation for loosing job opportunity from the respondents? ii. Whether there is any negligence and deficiency of service on the part of the respondents? iii. To what relief? 6. Point No. 1 & 2 Heard both sides and perused the records available with the forum and the forum made the following order. The complainant studied upto M.Com and completed training as Radio-Grapher at Anantapur and applied for the post of Radio-grapher on contract basis in Andhra Pradesh Vaidya Vidhana Parishad. After scrutiny the Joint Commissioner of APVVP sent a call letter to the complainant on 10-6-2008 and the same was posted through respondent courier receive on 11-6-2008 at Putlibowli branch office at Hyderabad. The R3 sent interview letter to the complainant and the same was delivered to the complainant by R4 on 14-7-2008 at Jammalamadugu. After receiving the letter she came to know that she has to attend the interview on 19-6-2008. But unfortunately she received the said call letter on 14-7-2008 i.e. after lapse of 25 days. The interview date was in the month of June but she received interview letter in the month of July. Ex. A1 is the original call letter dt. 10-6-2008. Ex. A2 is the Xerox copy of acknowledgement card received from APVVP, Kadapa. Ex. A3 is the Xerox copy of acknowledgement card received from APVVP, Hyderabad. Ex. A4 is the Xerox coy of cover sent to the complainant from APVVP, Kadapa. Ex. A5 is the Xerox copy of courier consignment note it shows that the APVVP booked call letter on 11-6-2008 Putlibowli Branch, Hydeabad. Ex. A6 is the interview call letter cover received by the complainant from R4. Ex. A7 is the Xerox copy of delivery run sheet issued by R4, dt. 14-7-2008. Ex. C.C. No. 52 of 20094 A8 is the office copy of legal notice issued by the complainant to the respondents and Ex. A9 is the four served postal acknowledgements. 7. By perusing all the material it is clear that the APVVP has sent call letter to the complainant on 10-6-2008 and the same was booked on 11-6-2008. But R4 delivered the said cover to the complainant on 14-7-2008 at Jammalamadugu i.e. after lapse of 25 days of abnormal delay. Prior to that the complainant also enquired with the respondent No. 4 that is there any letter for her from APVVP, but no such letter was delivered to her why? There is abnormal delay and gross negligence and deficiency of service on the part of the respondents. The act of the respondents caused much mental agony to the complainant and she lost her job opportunity and bright future was also ruined with the act of the respondents. Jammalamadugu is only 345 Kms from Hyderabad and the respondents served the cover to the complainant after 25 days. The DTDC courier is supposed to deliver the call letter to the complainant within 2 days or 3 days. But due to their negligence the cover was served to the complainant after lapse of 25 days. We are of the opinion that all the respondents are negligent and deficiency of service on their part. For which they have to pay compensation to the complainant. We are awarding Rs. 50,000/- to the complainant towards compensation through it is not sufficient for her with the acts of the respondents and she lost job opportunity and we cannot compensate the same. The respondents show a negligence not only delivering the cover to the complainant within time but they failed to give reply to the complainant’s legal notice. Hence, the points are answered accordingly. 8. Point No. 3 In the result, the complaint is allowed, directing the respondents 1 to 4 jointly and severally liable to pay Rs. 50,000/- (Rupees Fifty Thousand Only) without interest, compensation and costs to the complainant, within C.C. No. 52 of 20095 60 days from the date of receipt of the order. The rest of the complainant’s claim is dismissed. Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 18 MEMBER MEMBER PRESIDENT APPENDIX OF EVIDENCE Witnesses examined. For Complainant : NIL For Respondent : NIL Exhibits marked for Complainant : - Ex. A1 Original call letter dt. 10-6-2008 issued by APVVP, Hydeabad. Ex. A2 X/c of acknowledgement card. Ex. A3 X/c of acknowledgement card. Ex. A4 X/c of cover sent to the complainant from APVVP, Kadapa. Ex. A5 X/c of DTDC courier receipt issued by Putlibowli, Hyderabad. Ex. A6 Interview call letter cover received by the complainant from R4. Ex. A7 X/c of delivery run sheet issued by R4, dt. 14-7-2008. Ex. A8 Office copy of legal notice issued by the complainant’s advocate to the respondents. Ex. A9 Four served postal acknowledgements. Exhibits marked for Respondents: - ---- NIL ----- MEMBER MEMBER PRESIDENT Copy to :- 1) Sri G. Trivikram Singh, Advocate, 2) The Managing Director, D.T.D.C Courier and Cargo Ltd., Retd. Office, H.No. 3, Victoria road, Bangalore. 3) The Manager, D.T.D.C Courier, Telerama Complex, Ground Floor, Near Osmania Medical College, Koti, Hyderabad. 4) The Branch Manager, D.T.D.C., Courier and Cargo Ltd., H.No. 1-10-1, 1-10-14, Opp. Airport Line, Prakash Nagar, Bottles and Chimni, Begumpet, Hyderabad, 5) The manager, D.T.D.C. Courier, Beside Jyothi Xerox, Old Bus Stand, Jammalamadugu town, Kadapa district. 1) Copy was made ready on : 2) Copy was dispatched on : 3) Copy of delivered to parties : B.V.P. - - - C.C. No. 52 of 2009th May 2009 CONSUMER COMPLAINT No. 52 / 2009 C. Jaibun Bee, D/o C. Mahaboob Vali, 25 years, Muslim, R/o H.No. 1/71/2B, Kannenuru road, Jammalamadugu Town and Mandal, Kadapa District. ….. Complainant. Vs. 1) The Managing Director, D.T.D.C Courier and Cargo Ltd., Retd. Office, H.No. 3, Victoria road, Bangalore. 2) The Manager, D.T.D.C Courier, Telerama Complex, Ground Floor, Near Osmania Medical College, Koti, Hyderabad. 3) The Branch Manager, D.T.D.C., Courier and Cargo Ltd., H.No. 1-10-1, 1-10-14, Opp. Airport Line, Prakash Nagar, Bottles and Chimni, Begumpet, Hyderabad, 4) The manager, D.T.D.C. Courier, Beside Jyothi Xerox, Old Bus Stand, Jammalamadugu town, Kadapa district. ….. Respondents. This complaint coming on this day for final hearing on 15-5-2009 in the presence of Sri G. Trivikram Singh, Advocate for complainant and respondents called absent and set exparte and upon perusing the material papers on record, the Forum made the following:- O R D E R (Per Smt. B. Durga Kumari, Member), 1. Complaint filed under section 12 of the Consumer Protection Act 1986 seeking direction to the respondents to pay Rs. 5,00,000/- for loosing the job with the acts of respondents, to pay Rs. 50,000/- towards compensation for mental agony and to pay costs of the complaint. 2. The brief facts of the complaint is as follows:- The complainant stated that she studied upto M.Com and completed training as Radio-Grapher at Anantapur and applied for the post of Radio-grapher on contract basis in Andhra Pradesh Vaidya Vidhana Parishad. After scrutiny the Joint Commissioner of APVVP sent a call letter to the complainant on 10-6-2008 and the same was posted through 2 respondent courier receive on 11-6-2008 at Putlibowli branch office at Hyderabad. The R3 sent interview letter to the complainant and the same was delivered to the complainant by R4 on 14-7-2008 at Jammalamadugu. After receiving the said cover the complainant opened it and verified that she received the call letter and she has to attend interview on 19-6-2008 at District Co-coordinator Hospital Services, Old RIMS, near 7 Roads, Kadapa at 9.00a.m. But surprisingly the complainant received call letter from R4 on 14-7-2008 i.e. after lapse of interview date i.e. 19-6-2008. The complainant was astonished and enquired with the opposite parties she came to know that the APVVP booked the said cover at Putlibowli branch office, Hyderabad on 11-6-2008 and she received the cover on 14-7-2008 through R4 i.e. after lapse of 25 days of booking of the said cover. Prior to that she was expecting a call letter from APVVP so the complainant and her father enquired at DTDC courier service i.e. R4 Jammalamadugu branch office, whether they got any cover. On 13-6-2008, 15-6-2008 and 17-6-2008 they enquired for call letter but R4 stated that they have not any cover. The complainant further stated that Jammalamadugu is only 340 Kms from Hyderabad and any postage it has to reach, the consignee within 3 days. But the respondents 1 to 4 made abnormal delay in sending the cover to the complainant within time. The complainant was a merit student and she lost an opportunity of getting a job in the Medical services. The complainant made enquiry with the respondents but no proper answer was given to the complainant. She issued a legal notice on 12-8-2008, though the respondents received legal notice they did not choose to reply for the legal notice. The respondents are negligent in performing their duties and there is deficiency of service on the part of the respondents. 3. Sri T. Mohana Krishna, Advocate filed Vakalath for R1 to R4 but failed to file any counter on behalf of the respondents. The case was decided on merits. C.C. No. 52 of 2009 DISTRICT FORUM :: KADAPA PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT SMT. B. DURGA KUMARI, B.A., B.L., SRI S. ABDUL KHADER BASHA, B.Sc., MEMBER Monday, 18
......................B. Durga Kumari
......................Sri P.V. Nageswara Rao
......................Sri.S.A.Khader Basha | | 
