Jammu and Kashmir

Jammu

CC/741/2017

GOURAV SHARMA - Complainant(s)

Versus

J&K KHADI VILLAGE - Opp.Party(s)

INPERSON

10 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

(Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File  No                285/DFJ           

 Date of  Institution       01/11/2017

 Date of Decision            10/02/2018

 

Gourav Sharma,

S/O Sh.Bishan Dass,

R/O H.No.833 F Krishna Nagar,

Opp.Science College,Jammu.

                                                                                                                                                Complainant

         V/S

 Administrative Officer,

J&K Khadi & Village Industries Board,

Exhibition Ground Jammu(Nov April)

OldSecretariate Srinagar(May October).

                                                                                                                                                Opposite party

CORAM

                  Khalil Choudhary              (Distt.& Sessions Judge)  President

                  Ms.Vijay Angral                                                                Member

                  Mr.Ghulam Sarwar Chouhan                                       Member

 

In the matter of  Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

      

 Complainant in person present.

Nemo for OP .

ORDER

                        Grievance of complainant, as disclosed in the complaint is that; Jammu & Kashmir Khadi & Village Industries Board (OP)vide advertisement Notice No.KVIB/01 of 2016 dated 08-10-2016 issued vacancies for various post through a bank draft/bankers cheque/pay order for an amount of Rs.300/-drawn in favour of OP.According to complainant he applied for the post of Junior Supervisor with pay grade 5200-20200+GP 1900 alongwith requisite fee within prescribed period and after sometime Board issued notice for conducting competitive exam for various post on different date and also mentioned that the candidates can download their admit card from www.jkkvib.nic.in w.e.f.27/07/2017,but they had mentioned in their website that the candidates can download their admit card for the post of Junior Supervisor from 17.08.2017 and given very short period of time to download admit card through online mode. Allegation of complainant is that in the notice board they mentioned that exam of Junior Supervisor was to be conducted on 20/08/2017 and admit card can be downloaded after 17/08/2017 i.e. only three days to download admit card, complainant tried his best to download admit card after every one hour, but all in vain. Complainant further submitted that Board did not extend their time to conduct exam and continued their process without bothering about for those candidates who unable to download their admit card due to their fault of service. He paid fee of Rs.300/-through demand draft and additional charges for demand draft, when he contacted on phone number mentioned in the advertisement they replied that they had issued phone number on website and the candidates who called them they issued admit card on their whats app. Complainant further submitted that he had also approached Administrator on this issue and requested to take their exam again, but all in vain and this act of OP constitutes deficiency in service .Hence the present complaint. In the final analysis, complainant prays for compensation for spoiling his future, depriving him of sitting in the competitive exam and wastage of precious time, for which he was preparing and account of financial loss of Rs.300/-as demand draft charges.

                  Notice was sent to the OP alongwith copy of complaint through registered cover with acknowledgment due and as per record the notice was received by the OP, but op did not choose to represent the case in this Forum, either to admit the claim of complainant or to deny the same within stipulated period provided under the Act, so the right of OP to file written version was closed vide order dated 04/01/2018 and complainant was ordered to produce evidence by way of affidavit in support of the complaint.

                 The complainant adduced evidence by way of duly sworn his own affidavit. Complainant has placed on record copy of application form, copy of clipping of newspaper and copy of mail..

                     We have perused the case file and also heard learned counsel appearing for the complainant.

             Briefly stated, grievance of complainant is that; Jammu & Kashmir Khadi & Village Industries Board (OP)vide advertisement Notice No.KVIB/01 of 2016 dated 08-10-2016 issued vacancies for various post through a bank draft/bankers cheque/pay order for an amount of Rs.300/-drawn in favour of OP.According to complainant he applied for the post of Junior Supervisor with pay grade 5200-20200+GP 1900 alongwith requisite fee within prescribed period and after sometime Board issued notice for conducting competitive exam for various post on different date and also mentioned that the candidates can download their admit card from www.jkkvib.nic.in w.e.f.27/07/2017,but they had mentioned in their website that the candidates can download their admit card for the post of Junior Supervisor from 17.08.2017 and given very short period of time to download admit card through online mode. Allegation of complainant is that in the notice board they mentioned that exam of Junior Supervisor was to be conducted on 20/08/2017 and admit card can be downloaded after 17/08/2017 i.e. only three days to download admit card, complainant tried his best to download admit card after every one hour, but all in vain. Complainant further submitted that Board did not extend their time to conduct exam and continued their process without bothering about for those candidates who unable to download their admit card due to their fault of service. He paid fee of Rs.300/-through demand draft and additional charges for demand draft, when he contacted on phone number mentioned in the advertisement they replied that they had issued phone number on website and the candidates who called them they issued admit card on their whats app. Complainant further submitted that he had also approached Administrator on this issue and requested to take their exam again, but all in vain and this act of OP constitutes deficiency in service.

                        The complainant in his own duly sworn evidence affidavit and has supported the averments of the complaint. There is no evidence on record produced by other side to rebut the case of complainant. So from perusal of complaint, documentary and other evidence produced by the complainant, it appears that the complainant has succeeded in proving his case as narrated by him in the complaint. The complaint is fully supported by his own duly sworn affidavit, so, in the given circumstances of the case, and in view of the evidence on record, there is no reason to disbelieve the averments of complaint.

                      This is a case of deficiency in service. The OP despite of service of notice sent by the Forum through registered cover have not taken any action to represent the case before this Forum, either to admit the claim of complainant, or to deny it, so there is no reply filed by the OP in this complaint and there is also no evidence to rebut the case of complainant. The present case of the complainant is covered by Section 11 2(b) (ii) of the Consumer Protection Act, 1987, which provides that in a case where the OP omits or fails to take any action to represent the case within the time given by Forum, in that situation, the Forum shall settle the consumer dispute on the basis of evidence brought to its notice by the complainant. Sub-clause (ii) of the Section 11, clearly provides that even where the OP omits or fails to taken any action to represent the case before the Forum, the dispute has still to be decided on the basis of evidence brought to its notice by the complainant.

                 After going through the whole case with the evidence on record what reveals here is the case of complainant is genuinely filed with speaking reasons and merit as being consumer as per the purport of section 2(d) of Consumer Protection Act and Ops are the service providers having failed in their statutory duty to provide adequate and effective services. The purport of legislation is well defined and statutorily takes care of consumer rights and cannot legally afford to a situation like the one confronted herewith in a manner where they are deprived of their rights as of consumer. The consumers have to come forth and seek for redressal of their grievance. The case of the complainant is also genuinely filed for seeking determination of his right by this Forum.

                       Therefore, in view of aforesaid discussion, the complaint filed by the complainant for redressal of his grievance is allowed and opposite party is directed to refund Rs.300/(i.e. demand draft charges) to the complainant. Complainant is also entitled to compensation of Rs.40,000/for causing unnecessary harassment and mental agony for spoiling the career and wastage of precious time of complainant and litigation charges of Rs.10,000/.The OP shall comply the order within one month, from the date of receipt of this order. Copy of this order be provided to parties, free of costs. The complaint is accordingly, disposed of and file be consigned to records after its due compilation.

Order per President                                   Khalil Choudhary

                                                                (Distt.& Sessions Judge)

                                                                       President

Announced                                            District Consumer Forum

10 -02-2018                                                 Jammu.

 

Agreed by                                                               

      

Ms.Vijay Angral           

  Member                                                                                              

               

 Mr.Ghulam Sarwar Chauhan

Member