Uttar Pradesh

Agra-I

CCN 29/2014

TRILOK SINGH - Complainant(s)

Versus

PS - Opp.Party(s)

08 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM-I
COURT CLUB, CIVIL COURT COMPOUND
AGRA, UTTAR PRADESH
 
Complaint Case No. CCN 29/2014
 
1. TRILOK SINGH
SHAHGANJ ,AGRA
...........Complainant(s)
Versus
1. PS
SEC32 GURGAON
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. UMESH CHANDRA PANDEY PRESIDENT
 HON'BLE MS. ANSHUL GOYAL MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 08 Feb 2017
Final Order / Judgement

    Case called out repeatedly. The complainant is absent. It appears from perusal of the record that, the complainant has not filed objections against the preliminary objections filed by the O.Ps. According to the O.P. No.1, this Forum has no jurisdiction to entertain and adjudicate upon the dispute because, the dispute involved in this case does not fall within the ambit of the Consumer Protection Act and also that the dispute is exclusively triable by Civil Court having territorial jurisdiction at Mumbai. It is also submitted by the O.P. that, the advertisement/notification dated 09/08/2011 is quite clear wherein, it is specifically mentioned that “Any resulting dispute arising out of this advertisement including the recruitment process shall be subject to the sole jurisdiction of the Courts situated at Mumbai” therefore, in view of this clause the present complaint is not maintainable before this Forum. It is also submitted that, the O.P. is an autonomous body which conducts various exams for the bank to fill their notified vacancies. Role of the O.P. is limited to conduct the common written examinations and issue the score-cards to the candidates, who are appearing in these exams therefore, the role of the O.P. comes to an end on 01/03/2012 at the date of the issue of the score-card to the complainant. The further selection process such as interview, exam was conducted by individual banks, here O.P.No.2 as per their needs and requirements.

      The O.P.No.2 has also filed its Legal objections and submitted that, the controversy involved in the present complaint is exclusively triable by the Civil Court. The complainant is not customer of the O.P. as such he has no right to file the complaint against the bank.

       The complainant did not file objections against the preliminary objections filed by the O.Ps The complainant also not appearing since 01/12/2016. Nothing has been filed by the complainant to show that, he is consumer of the O.Ps and he has got a right to file the present complaint against them for deficiency of services. The question involved in the present complaint is not a question to be decided by this Forum, therefore, we find substance in the preliminary objections of the O.Ps. Consequently, the objections filed by the O.Ps are upheld. The present complaint is dismissed. In the circumstances of the case, there shall be no orders as to costs. Let record be consigned.     

 

 
 
[HON'BLE MR. UMESH CHANDRA PANDEY]
PRESIDENT
 
[HON'BLE MS. ANSHUL GOYAL]
MEMBER

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