BEFORE THE DISTRICT CONSUMERS FORUM:KURNOOL
Present: Sri I.Siva Samba Murthy, B.L., President
Smt C.Preethi, M.A., LL.B., Member
Saturday the 29th day of June, 2002
CD.No.08/2002
Ch.Baby ?Jyothi,
D/o Ch.Shakunthalamma,
Nandyal,
Kurnool Distrct. . . . Complainant represented by her
Counsel Sri.P.Siva Sudarshan, Advocate
-Vs-
1. Good Will Book Stores,
Near Canara bank,
Nandyal.
2. The Manager,
Flight Despatch Courier service,
Nandhi Tele Links,
New Balaji Lodger,
Srinivasa Nagar,
Nandyal.
3. The Flight Despatch Courier Services,
R.O.110, Chenoy Trade Centre,
Park Lane,
Secunderabad. . . . Opposite parties
O R D E R
(As per Sri K.V.H. Prasad, President)
CC.02/2002
1. The complaint to direct the opposite parties to pay compensation of Rs.2,00,000/- for their non delivering of the cover booked by the complainant with costs etc.,
2. The case of the complainant is that the District Collector and Chairman and D.M.H.O., issued a notification calling for application for the Para Medical Staff etc. The complainant being eligible candidate besides being of S.C. Category applied for the post of Multi Purpose Health Assistant by booking a cover with the 1st opposite party by paying the necessary charges. But the other applicants received call other applicants received call letters while the complainant did not receive. It was due to non delivery of cover to the Selection Committee, non return of the cover of the same to the complainant. Thus she lost a golden opportunity of selection due to deficiency of service. Hence the complaint.
3. The notices in the C.D. were served on opposite parties 1 and 3 who remained absent and did not contest, while the opposite party No.2’s notice was returned unserved. Again fresh notice were issued to the opposite party No.2 to his correct address which was also got returned, as such the complainant not pressed his claim as against the opposite party No.2.
4. The complainant filed her proof of affidavit reiterating her claim.
5. Therefore, the point that arises for consideation, is to what relief the complainant is entitled to?:-
6. POINT:- The claim of the complainant is that she being eligible candidate applied for the post of Multipurpose Health Assistant in pursuance of the notification issued by the selection committee through opposite parties courier service, but the cover containing the application was not served due to negligence and deficiency the opposite parties. Hence she lost the job. Hence she claimed compensation. As the opposite parties 1 and 3 did not contest the case we consider the affidavit evidence and find that the ends of justice would be met by awarding compensation of Rs.5,000/- with costs of Rs.500/- as there is no convincing and independent evidence placed by the complainant and her proof of affidavit, cover receipt and notification. Thus we find on a careful of the complainant and against the opposite parties 1 and 3.
7. In the result, in view of our discussion made above this complaint petition is allowed in part directing the opposite parties 1 and 3 to pay a sum of Rs.5,000/- as compensation to the complainant, together with costs of Rs.500/- within a month from the date of receipt of this order, failing which the opposite parties shall also be liable to pay interest @ 9% per annum from the date of such failure. The claim against the opposite party No.2 is dismissed. No costs.
Dictation to the Stenographer Typed to the Dictation corrected by us pronounced in the Open Court this the 29th day of June, 2002.
MEMBER PRESIDENT
Copy to:-
- P.Siva Sudarshan, Advocate for complainant.
- Good Will Book Stores,
Nar Canara bank,
Nandyal.
- The Manager,
Flight Despatch Courier service,
Nandhi Tele Links,
New Balaji Lodger,
Srinivasa Nagar,
Nandyal.
4. The Flight Despatch Courtier Services,
R.O.110, Chenoy Trade Centre,
Park Lane,
Secunderabad.
Copy was made on ready :
Copy was dispatched on :
Copy was delivered to parties :
