BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No.2 of 2017
Mr. Sakil Ahmed Choudhury, ……………………………………………. Complainant.
-V/S-
1. Dainik Jugasankha, Jugasankha Bhavan,
Baidyanath Sarani, Rangpur, Silchar-788009 O.P No.1.
2. Managing Director, Jugasankha Bhavan
Baidyanath Sarani, Rangpur, Silchar-788009 O.P.No.2.
3. Manager (Head), Advertisement Section,
Baidyanath Sarani, Rangpur, Silchar-788009 O.P.No.3.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Complainant Self.
Sri.Amalava Das, advocate for the O.Ps.
Date of Evidence……………………….. 24-07-2017, 17-10-2017
Date of written argument……………… 14-12-2017, 09-01-2018
Date of oral argument…………………. 23-02-18, 10-08-18, 04-09-18, 19-12-2018
Date of judgment………………………. 04-01-2019
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- Sakil Ahmed Choudhury brought the complaint under the provision of the Consumer Protection Act. 1986 against Dainik Jugasankha, Silchar and against its 2 (two) officer for award of compensation.
- Brief facts:-
In view of Advertisement No. 03/2016 dated 14/05/2016 of Assam Public Service Commission published in Dainik Jugasankha a daily newspaper, Silchar edition for the post of Dental Surgeon under it & F.W (A) Deptt. Govt. of Assam. The last date of receiving of application (candidature) was 14/08/2016. Accordingly, the Complainant being a holder of BDS Degree and Register under Assam Dental Council Act. applied for the post on 01/07/2016 and send his candidature by Registered post, which was delivered on 05/07/2016 to the APSC Office. But his application status was not found in the office of the APSC in the eligible candidate or reject candidate list. On inquiry it has come to his notice that last date of receiving of application was 14/06/2016 as per APSC notification dated 13/05/2016 and not 14/08/2016. The Complainant showed the advertisement published on Jugasankha paper dated 14/05/2016 to the concern officer of APSC but the APSC declined to give the Complainant an opportunity to appear in the interview. Hence, the instant complaint has been lodged.
- The opposite parties in their joint W/S denied all allegation rather stated inter alia that the publication in contention was published on was received through E-mail and as per that e-mail nothing wrongly published.
- During hearing the Complainant submitted his deposition and exhibited some documents including copy of paper cutting containing the advertisement published in the newspaper and copy of application dispatch status vide Ext.2 and Ext.4 respectively. The O.P. side submitted deposition of Ashim Kumar Nath and exhibited printed copy of the E-mail and payment release order vide Ext.1 and Ext.2. The said Ext.1 and Ext.2 of the O.Ps are referred as Ext.A & Ext.B in this Judgment to distinctly identify the documents exhibited by the Complainant from documents submitted by the O.Ps.
- After closing evidence, both sides counsels submitted written argument. I have heard oral argument and perused the evidence including written argument. During preparation of Judgment, I do not find the opinion of the APSC regarding the last date of receiving of the application in respect of Advertisement No. 03/2016. Accordingly, a report was called for from APSC and preparation of Judgment was postpone. The report with relevant papers received from the Deputy Secretary, APSC, vide letter No.30PSC/DR-2/1/2017-2018, dated 19/03/2018.
- Moreover, the Complainant was asked to submit his educational qualification documents. Accordingly, he submitted his BDS pass certificate, Dentists Registration Certificate. All those documents are required to peruse to see as whether he was qualified for submission of candidature for the post of Dental Surgeon. He submitted those documents.
- From the evidence on record it is concluded that the Complainant was qualified for submission of his candidature post of the Dental Surgeon as per Advertisement No. 3/2016 of APSC Published in the Ext.2 newspaper. He also exhibited Track Complainant status regarding his application because he deposed that he posted his candidature through registered post on 01/07/2016 and the said candidature reached to APSC on 05/07/2016 vide Ext.4
- I have also gone through the contain of Ext.1 paper Advertisement. It is clearly written last date of receiving application on 14/08/2016. Accordingly, the Complainant submitted his application through post which was received by APSC on 05/07/2016 i.e much prior to the closing date of receiving of the application. He also deposed that his application was not listed in the eligible/rejected candidature list of APSC because as per APSC his application received after last date. He further stated that on enquiry he got information that the last date of receiving of the application was 14/06/2016 and not on 14/08/2016 in view of Advertisement No. 3/2016. But the O.P. published the Advertisement with wrong date as 14/08/2016 for last date of receiving the application. As such due to negligency of the O.P. his application was not considered for the post applied.
- However, the O.P. stated that as per the e-mail received from APSC, the advertisement was published. Accordingly exhibited copy of E-mail advertisement vide Ext. A. In that document the last date of receiving the application is not clear rather the print is blurred. The O.P. did not clarify as how they could read the date as 14/08/2016. Nevertheless, I have perused the report of APSC and the copy of Advertisement which was appeared to seen on E-mail to O.P. As per those documents the last date of receiving of the application was not 14/08/2018 but 14/06/2016.
- Therefore it is concluded that the O.P. published the advertisement with wrong dates as 14/08/2016 instead of 14/06/2016 and for that reason the applicant/ Complainant was misguided.
- But after perusal of the paper submitted by the APSC it is concluded that though an advertisement was published from the post of Dental Surgeon in view of Advertisement No.3/2016 but as per Government letter No. HLA 81/2015673 dated 31/12/2016 the interview/recruitment process in view of Advertisement No.3/2016 has been cancelled and at present no issue relate to the said advertisement is pending at the APSC level.
- Thus, considering all the above facts I am of opinion that nothing has been loose in his carrier by the Complainant due to non-enlisted his name in the list of eligible candidate for the post of Dental Surgeon in view of Advertisement No.3/2016. Of course, O.P. committed disservice by publishing the advertisement with wrong last date for receiving of application because due to the printing on a wrong date, the Complainant has been misleaded which could give a bad impact to his carrier if the recruitment process was completed by the APSC.
- As such considering the above, I am directing the O.P. to pay compensation for mental agony to the Complainant of Rs.10,000/- and also to pay cost of the proceeding of Rs.3,000/-. All the O.Ps are jointly and severally liable to pay compensation within 45 days from today. In default, interest to be paid at the rate of 10% per annum on the awarded amount till realization of the full. Supply free certified copy of this judgment to the parties.
- Given under the hand of the President and Members of this District Forum and seal of the Office of the District Forum on this the 4th day of January, 2019.
