Haryana

Bhiwani

CC/75/2017

Surender - Complainant(s)

Versus

Over night - Opp.Party(s)

Clerk Draiya Singh

07 Dec 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                  Consumer Complaint No. : 75 of 2017

                  Date of Institution             : 22.05.2017

                                                           Date of Decision               :  07.12.2023

 

Surender Singh son of Sh.Chanderbhan R/o Malik Niwas near Shankar Dharam Kanta, Shakti Nagar Gali No.1, Rohtak Road, Bhiwani, Tehsil and District Bhiwani (Haryana).

 

          ……Complainant.

 

Versus

 

1. Overnite Courier, Shop No.32, Kirorimal Market, Hansi Gate, Bhiwani, Tehsil and District Bhiwani.

 

2. Overnite Express Limited, Overnite House, East Park Road, New Delhi-110005.

….. Opposite Parties.

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Dariya Singh, Advocate for complainant.

                    OPs exparte.

 

ORDER

 

Saroj Bala  Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that Municipal Corporation of Delhi-Education Department invited applications for post of Teacher and for which last dated was 21.10.2014 by 3:00 p.m.   Complainant alleged that he was eligible for the same. On 18.10.2014, he paid Rs.33/- to OP No.1 for sending his application to the office of Smt. Joginder Taluja, Deputy Education Officer, South Division, Green Park, New Delhi. But his envelope was returned back by the official of OP No.1 on 21.10.2004 with remarks ‘incomplete address’. Thus complainant has alleged that he was deprived of from the post of Teacher due to negligence and deficiency in service on the part of OPs resulting into mental and physical pains. Hence, the present complaint has been preferred by complainant seeking directions to Ops to pay Rs.20,000/- on account of harassment and Rs.11,000/- as litigation expenses.

                    Complainant has submitted that earlier complaint filed before District Consumer Commission, Bhiwani qua this matter was dismissed in default vide order dated 19.07.2016.

2.                 Notices were sent to the OPs but they did not respond and were proceeded against exparte vide order dated 09.09.2019.

3.                 No evidence tendered on behalf of complainant despite availing sufficient opportunities and thus the same was closed by Court vide order dated 18.05.2023.

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

5.                 Complainant in order to prove his case has annexed photocopy of courier receipt with the complaint, by which, allegedly the application was sent to the concerned department inviting applications for the post of Teacher. A bare perusal of this documents reveals that it was issued on 18.10.2004 whereas as per complaint before this Commission, the last date for inviting the application was 21.10.2014.  Further, as per complaint, addressee of the application was Smt. Joginder Taluja, Deputy Education Officer, South Division, Green Park, New Delhi but on this courier receipt there is only mention of Smt. Joginder Taluja, (South Division), Green Park, New Delhi. 

6.                 From the above, it is clear that the address was incomplete on the envelope and therefore, it could not be reached at the destination and thus it was rightly returned by the OP courier. Further, from the contents of the application and by the act & conduct of complainant, it seems that he was not interested in pursuing the present complaint and filed it in a casual manner. Hence, the complaint finding no merits, is hereby dismissed.  Taking a lenient view, no cost has been imposed.  Certified copies of the order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.  

 

Announced.           

Dated: 07.12.2023