O R D E R
(By Sri S. Bhaskararao, Member on behalf of the Bench)
1 This complaint under Section 12 of the Consumer Protection Act, 1986 was filed by the complainant against the opposite party, to direct the opposite party to pay fee paid by the complainant of Rs.610/- along with interest, compensation for deficiency of service and mental agony for Rs. 90,000/- and costs of the complaint for Rs. 500/-.
2 The case of the complainant in brief is that he is appearing competitive examinations on 28.02.2014. The complainant applied for the posts of ABO – FBO in A.P. Forest Department Recruitment Test 2014 through opposite party Mee Seva. The complainant has paid Rs. 610/- to Mee Seva for two posts and issued receipt No. 8985160997. The complainant submits that the physical fitness certificate, the opposite party feeding the data. After that the complainant found date of birth wrongly mentioned as 10.10.1988 instead of 10.01.1988. Then the complainant requested the opposite party to make necessary corrections but the opposite party gave evasive reply. According to complaint the opposite party is very gross negligence towards customers. He also got issued a lawyer’s notice on 13.03.2014 to opposite party. Having received the same on 20.03.2014 but they didn’t issue any reply.
3 The opposite party filed its counter denying the material allegations attributed against them and further according to them the opposite party Mee Seva people will only enter the data provided by the customer. After filling all these columns the computer will display the fees. Then after accepting for payment of fees by the customer the operator will click the submit column and afterwards the computer will displays the entire data of the said customer confirmation and at this juncture the Mee Seva operator turns the computer monitor to the side of the customer. The Mee Seva Operator will only click the confirmation column after confirmation from the customer. The Mee Seva Operator has entered the data which was provided by the complainant only. Hence there is no deficiency of service on the part of opposite party, the complaint is liable to be dismissed.
4 Now the points for determination are:
1. Whether there is any deficiency of service on the part of opposite party?
2. If so, whether the complainant is entitled for the amounts sought by him?
3. To what relief?
5 Point No.1: The opposite party entered the date of birth of the complainant on seeing the physical fitness certificate presented by the complainant to enter the data, they entered date of birth wrongly mentioned as 10.10.1988 instead of 10.01.1988. The opposite party carelessely entered the date of birth wrongly.
6 Due to the act of the opposite party the opportunity of the complainant was loosed and became panic. It is not possible to correct the data earlier entered in the system make any averments in the data. The Mee Seva people explained same to the complainant. The system doesn’t arise if it once entered the data it may not be changed.
7 The complainant filed his chief affidavit and marked Exs.A1 to A4. Ex.A1 Receipt issued by Mee Seva to the complainant, Ex. A2 copy of Physical Fitness Certificate issued by Civil Surgeon, District T.B. Control Officer, East Godavari, Ex.A3 office copy of lawyer’s notice issued by the complainant to the opposite party dated 13.03.2014, Ex.A4 Acknowledgment received by the opposite party
8 The opposite party filed his chief affidavit reiterating the case in their counter.
9 Mee Seva operator filling all these columns the computer monitor to show the customer. Then the Mee Seva Operator will only click the confirmation column after confirmation from the customer. At the time of entering the entries, the employee of Mee Seva has to give proper guidance to the customers. Hence proper guidance is not given to there by mistake has been arised. Hence there is deficiency of service on the part of opposite party. Accordingly point No.1 is answered.
10. Point No.2: In view of the finding rendered under point No.1, the complainant is entitled only for Rs. 610/- without interest (which was paid vide Ex.A1). Hence this point is answered accordingly.
11. In the result, the complaint is allowed in part. The opposite party is directed to pay Rs. 610/- [Rupees six hundred and ten only] to the complainant. If the said amount is not paid within 45 days from date of receipt of this order, complainant is entitled for interest @9% p.a. from date of this order till realization. The above order shall be complied within 45 days from the date of this order.
Dictation taken by the Steno, transcribed by her, corrected and pronounced by us, in open Forum, this the 30th day of June, 2015.
SD/-XXXX SD/-XXXXXX
MEMBER PRESIDENT [FAC]
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant:
Sri Palika Krishnaarjunudu
For opposite party:
Sri G. Srinivasarao
DOCUMENTS MARKED
For complainant:-
ExA1 Receipt issued by Mee Seva to the complainant
Ex. A2 Copy of Physical Fitness Certificate issued by Civil Surgeon, District T.B. Control Officer, East Godavari
Ex.A3 13.03.2014 Office copy of lawyer’s notice issued by the complainant to the opposite party
Ex.A4 Acknowledgment received by the opposite party
For opposite party:- NIL
SD/-XXXX SD/-XXXXXXXXXX
MEMBER PRESIDENT [FAC]
