BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

(ADDL. BENCH)

DATED THIS THE 7^th DAY OF JUNE 2022

PRESENT

MR. RAVISHANKAR                           : JUDICIAL MEMBER

MRS. SUNITA CHANNABASAPPA BAGEWADI :      MEMBER

CONSUMER COMPLAINT NO. 119/2015

V/s

ORDER

MRS. SUNITA CHANNABASAPPA BAGEWADI, MEMBER

1.      This is a complaint filed by the complainant alleging deficiency in service on the part of the Opposite Parties and prays to direct the Opposite Parties to pay Rs.10 lakhs towards damages, Rs.15 lakhs for losing the Government job along with interest at 18% p.a. including costs of litigation.

2.      The averments in the complaint are as hereunder;

It is the case of the complainant that she has completed the PUC course in the year 1994 subsequently she got BA degree in the year 1997 and she worked as temporary teacher in Poornima Education Trust from 1997 to 2002.  Subsequently, she undergone Hindi coaching training and studied for three years from 2003 to 2005.  The complainant further submits that from 2007 to 2010 she has worked as a teacher at Mathrushree Education Trust.  She has also done TCH, (D.Ed) Kannada and she also got degree in B.A. in Hindi for two years from 2011 to 2012 and in May 2014 she got B.Ed degree in Hindi and she has got computer training knowledge and experience also.  The complainant further submits that she has applied for the post of teacher in response to the advertisement dt.31.07.2014 of Central Board of Secondary Education calling for the applications from the eligible candidates for recruitment of teachers through online on 04.08.2014 and the registration number was 40550112 and the written test for said recruitment was scheduled to be held on 21.09.2014.  The complainant further submits that she has received an intimation in mobile that the fees was not remitted on 08.08.2014 and immediately she contacted the Opposite Party No.2 officer Mr. Umesh who was an accountant and enquired about the fees transfer on 09.08.2014.  The Opposite Party No.2 at that time told that the fees was correctly transferred, but, the complainant was not satisfied with the reply given by the said officer and again wrote two letters on 19.08.2014 and 18.09.2014 and made clear that since the amount is not credited, the examination authorities will not issue Hall Ticket and does not possible her to appear examination board.  The complainant further submitted that on 22.09.2014 the Opposite Party No.2 issued a letter stating that the said amount of Rs.1,000/- was credited to the examination board.  The complainant further submitted that the negligence on the part of the Opposite Parties, she lost her chance to get the said post and employment as a Government teacher even she was fully eligible and qualified for the said post as on the date of filing the said application.  On 06.11.2014, the complainant issued a legal notice to the Opposite Party calling upon them to pay the damages of Rs.25 lakhs for the negligence and deficiency in service caused to her that the Opposite Party has given untenable reply on 17.11.2014.  Hence, the complaint.

3.      After service of notice, the Opposite Parties appeared and filed their common version.  The Opposite Parties admitted that in response to the advertisement of CBSC dt.31.07.2014, the complainant applied for the post of teacher through online on 04.08.2014 which is the last date for filing of an application and her register number was 40550112.  The written test for the said recruitment was scheduled to be held on 21.09.2014 and further contended that the fees remitted by the complainant was credited to the account No.0388101022496 of Secretary, CBSE CTET on 04.08.2014 itself by Opposite Party No.2.  The Opposite Parties further contended that the Opposite Party No.2 is only a collecting agency for the fee for the particular post as nominated by CBSE.  The Opposite Party No.2 has credited the abovesaid amount to the account of Secretary, CBSE CTET on 04.08.2014 and the transaction ID reference number is 1012162014080400 63011.  Hence, the claim of damages against the Opposite Party No.2 is not maintainable and Opposite Party No.2 is not able to compensate the complainant.  Hence, Opposite Parties prayed to dismiss the complaint.

4.      Advocate for complainant filed affidavit evidence and marked documents at Ex.C1 to C25.  Advocate for Opposite Parties filed affidavit evidence, but, not marked the documents.  Heard the arguments.

5.      On perusal, the following points will arise for our consideration;

(i)       Whether the complaint is deserves to be allowed?

             (ii)      What order?

          6.      The findings to the above points are;

                   (i)       Partly Affirmative

                   (ii)      As per final order

REASONS

7.      Perused the contents of the complaint, affidavit evidence of both parties and documents produced by the complainant, the Opposite Parties are admitted that in response to the advertisement dt.31.07.2014 of CBSE calling for the applications from the eligible candidates for recruitment of teachers, the complainant filed an application for the said post through online on 04.08.2014 and her register number was 40550112 and the written test for the said recruitment was scheduled to be held on 21.09.2014.  Further contended that the Opposite Party No.2 credited the said amount of Rs.1,000/- on the same day i.e. on 04.08.2014 to the account No.0388101022496 of Secretary, CBSE CTET and the transaction ID reference number is 101216201408040063011 and the same was intimated to the complainant after receiving the letters by the complainant.  Perused the cash receipt produced by the Opposite Parties dt.04.08.2014 we noticed that the Opposite Party No.2 has credited the amount to the account No. 0388101022496.  However, as per the allegation of the complainant, the amount was not credited in the account of examination authority by the Opposite Party No.2, hence, they will not issue the hall ticket to the complainant.  Perused the letter produced by the complainant, reference number R & L : MYCO : RTI 44/2014-15 dt.07.11.2014 issued by Public Information Officer, incharge Divisional Manager to the complainant wherein mentioned in paragraph No.2 “Branch has informed that, cash remitted by you on 04.08.2014 was credited to a/c no. 0388101022496 of CTET Account as mentioned in the challan on the same day, vide transaction ID reference No. 1012162014080 40063011.  However, receipt transaction was inadvertently punched in Code no.1401 instead of Code No.1426”.  It means Canara Bank accepted that the transaction was accidentally remitted in Code No.1401 instead of Code No.1426. 

8.      In the course of arguments also the complainant stated that the Opposite Party has remitted the fees in the account number of the Secretary, CBSE CTET, but in Code No.1401 nor in Code No.1426 and the same was admitted by the Opposite Party no.2 by letter dt.07.11.2014.  The Opposite Party No.2 has remitted the amount in the Code No.1401 instead of Code No.1426.  The Opposite Parties contended that he is only the collecting agency for the particular post as nominated by CBSE then it is the bounden duty of the Opposite Parties to remit the fees in correct account and correct code number i.e. Code No.1426.  It is admitted by the Opposite Parties that the complainant applied for the post of teacher in response to the advertisement of CBSE for recruitment of teachers and he is the collecting agency for the fees.  Then he has to know about the correct code number.  Hence, in our opinion it is clear cut negligence on the part of the Opposite Parties and due to their negligence, the complainant has not get Hall Ticket and she was not appeared before the examination board and she lost her chance to get the post as a Government Teacher even she was eligible and qualified.  To get the Government Teacher post is not easy to everyone, but, due to negligence on the part of the Opposite Party No.2, the complainant lost her opportunity.  Considering the facts and discussion made here, we are of the opinion that the complainant is entitled for compensation from the Opposite Parties.  Hence, the following;

ORDER

The complaint is allowed.

The Opposite Parties are directed to pay a sum of Rs.5,00,000/- as compensation to the complainant along with interest at 9% p.a. from 04.08.2014, till realization.

Further, the Opposite Parties are also directed to pay a sum of Rs.25,000/- towards costs of litigation to the complainant.

The Opposite Parties are granted 30 days time from this date to comply the order.

Forward free copies to both the parties. 

     Sd/-                                                              Sd/-

MEMBER                                           JUDICIAL MEMBER

KCS*