BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 28th day of July 2015
Filed on : 17-07-2013
PRESENT:
Shri. Cherian K. Kuriakose, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.No.509/2013
Between
P. Vijaya Kumar, 38/581, : Complainant
‘Souparnika’, Vattekkunnam, (By Adv. P.U. Ziyad,Kalabhavan
Edappally North P.O., Road, Ernakulam, Kochi-682 018)
Ernakulam, Kochi-682 024.
And
The Business Manager (C&A) : Opposite parties
Employment News, (By Adv. Raj Kumar, A.C. Jose
Ministry of Information and Associates, D.H. Road,
Broadcasting Publication Ernakulam)
Division, East Block-iv,
Level-v, Ramakrishnapuram,
New Delhi-110066.
O R D E R
Cherian K. Kuriakose, President.
The complainant aged 57 years working as Assistant Director (implementation) Region;al; Implementation Office, Department of Official language, Ministry of Home Affairs, Government of India, Kendriya Bhavan, Kochi, by name employment news from the opposite party. According to the complainant as per the norms of Government of India fresh vacancies and deputation vacancies of the Central Government, Public Section undertaking and banks must be published in employment news. The complainant was subscribing to the said news weekly ever since 1979 for obtaining information regarding employment opportunity. The complainant is now aged 57 years and was due retired at the age of 60 years. He was on the expectation of becoming the Deputy Director (implementation) it is a class one Gazetted Senior Post. The advertisement for the said post was expected to be published in employment news in time during 2013. In anticipation of the advertisement the complainant had sent a DD for Rs. 350/- along with the covering letter to the opposite party towards subscription charges of the weekly employment news for the period from 2013 to 2014, by registered post with Acknowledgement due. In spite of receipt of subscription the opposite party did not sent any issue of employment news after 12-01-2013. Repeated reminders did not yield any results. Having accepted the subscription the complainant was entitled to receive the publication every week. It was due to the laches on the part of the opposite party, the complainant has not been served with any of the issues of the weekly by name employment news. Consequent to the non-receipt of the weekly the complainant was unable to applied for the desired post which was published in the weekly in the first week of April 2013. Therefore according to the complainant the opposite party had in irresponsible manner and the erratic delivery to prepaid subscription like the complainant amounted to gross deficiency of service. The complainant therefore seeks compensation to the tune of Rs. 80,000/- towards compensation and Rs. 10,000/- towards cost of litigation.
2. Notice was issued to the opposite party who appeared and contested the matter, pursuant to the receipt of notice.
The case of the opposite party
The complaint is frivolous and baseless and it is abuse of process of this Forum. The complaint is bad for non-jointer of necessary parties. It is true that the complainant on 03-03-2013 had sent an e-mail complainant that he did not received the issues of employment news from January 2013. As the complainant has been on the mailing list of the opposite party he allotted a subscription number EE 4683 for the subscription period from 21-01-2012 to12-01-2014 it was after the expiry of this period the complainant had sent a D.D. of Rs. 350/- to resume this subscription after the period up to the date 12-01-2013 on receipt of the renewal subscription the complainant was allotted a new subscriber number as EE- 9605 which was effected from 19-01-2013 continuously. As per the computer record maintained to the opposite party the list of persons to whom employment news was sent was on record. And as per that record there was no laches on the part of the opposite party honoring the subscription. The copies of employment news are sent through Department of post by ordinary post regularly. The state wise subscription list of the issue dated 19-01-2013 and the bill form issued by the postal authority would prove that the issue of employment news on 19-01-2013 and subscription issues were being sent to the complainant regularly. Apart from the above E-version of employment news is also available. The advertisement regarding the post of Deputy Director, Employment was published in the 1st week of April 2013. The complainant being aged 57 was not eligible to apply for that post. Therefore the cost of mental agony stated by the complainant for not getting the copy of the employment news as a reason for not able to apply for the post is only imaginary one. The complainant has not deprived of any service for which has made the payment. The complainant is not eligible sought for and the complaint is liable to be dismissed.
3. On the above pleadings the following issues were settled for consideration.
i. Whether there is any deficiency in service on the part of the opposite party, proved by the complainant?
ii. As the complainant is entitled to get compensation as prayed for?
iii. Reliefs and costs.
4. The evidence in this case consisted of the documentary evidence of Exbt. A1 to A6 on the side of the complainant and Exbts. B1 to B5 on the side of the opposite party. In addition to the documentary evidence the oral evidence of PW1 the complainant was also adduced. Heard the counsel of both sides.
5.Issue Nos. i&ii. The opposite party in this case had admitted that they have received subscription from the complainant for delivering the issues of employment news by post. During cross-examination of PW1 he had admitted that he had started receiving employment news from 17-09-2013 only. If the complainant was desirous of keen on getting the copy of the employment news, according to the learned counsel for the opposite party, he could have either avail the facility of the e-version or could have obtained the copies available in news stand. It was also argued that the complainant had informed the non-receipt of the copies only on quoting the subscription number allotted to him previously. Therefore it could not have been possible for the opposite party to verify the grievance of the complainant. Exbt. B1 is a list of persons to whom the employment news was sent by post. The name of the complainant which is adduced is shown in Exbt. B1 along with others who were subscribers of the employment news. Exbt. B3 is the advertisement which was relying on the complainant to get their posting which is seen that as per Exbt. B3 the age was maximum age limit pointed out by the deputation shall not be exceeding 56 years as on the closing date of receipt of the application. Admittedly the complainant was aged 57 at the time of alleged cause of action. Therefore even if he would have been in receipt of the advertisement, he could have been applied for the past as seen from Exbt. B3.
6. The complainant has not proved that he has sustained any loss as consequence of non receipt of the employment news. The evidence adduced by the opposite parties would go to show that the opposite party had promptly despatched the issues of employment news to the complainant in the address provided to him. In the above circumstances we are unable to find that there was any sort of any deficiency on the part of the opposite party in providing the service to the complainant as alleged. In the absence of any positive evidence to prove that the complainant has put to any difficulty due to omission on the part of the opposite party. We find issues in favour of the opposite party.
7. Issue No. iii. Having found issue numbers 1 and 2 against the complainant we find that the complaint is devoid of any merit and is accordingly dismissed.
Pronounced in the open Forum on this the28th day of July 2015.
Sd/-
Cherian K. Kuriakose, President.
Sd/-
Sheen Jose, Member.
Sd/-
Beena Kumari V.K., Member.
Forwarded/By Order,
Senior Superintendent.
Copy of order despatched on:
By Post: By Hand:
Appendix
Complainant's Exbits:
Exbt. A1 : Copy of letter dt. 20-11-2012
A2 : Copy of demand draft
A3 : Copy of letter dt. 16-05-2013
A4 : Copy of letter dt. 08-03-2013
A5 : Copy of e-mail
A6 : Copy of employment news
Opposite party's exhibits :
Exbt. B1 : Copy of employment news cutting
