West Bengal

Bankura

CC/42/2018

Sri Prasenjit Kundu - Complainant(s)

Versus

The Post Master Sub Post Office Besora - Opp.Party(s)

Self

31 Aug 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.42 /2018

Date of Filing: 18.07.2018

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Self 

For the O.P: Ld. G.P., Bankura

Complainant: Prasenjit Kundu, S/o Manik Kundu, at Village-Kulbedia, Besora, Dist.Bankura

Opposite Party: 1.The Branch Post Master, Besora under Jhantipahari S.O.

                               2.Sr. Superintendent of Post Offices, Bankura Division, HPO Bankura

 

 FINAL ORDER / JUDGEMENT           

                                                                                                                                                

Order No.61

Dated:31-08-2023

The Complainant is present by filing hazira.

Ld. G.P., Bankura files hazira on behalf of O.P.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he being a young aspirant for job applied for the post of Fire Operator-cum-Driver under the Fire & Emergency Services Department, Govt. of W.B. in terms of advertisement issued by erstwhile W.B. Staff  Selection Commission (FEOD-2014) and he passed the Written examination which is conducted by the Public Service Commission, West Bengal and he is selected for the interview for the said post. The date of interview was selected and fixed by the Public Service Commission, W.B. on 22/02/2018 at 1.30 p.m. and the Assistant Secretary, Public Service Commission, W.B. issued Interview letter to the Complainant through Speed Post to his address on 16/02/2018 and the concerned Post Office received the same on 17/02/2018 but the Complainant received the said Interview letter from Besora Post Office on 26/02/2018. Due to delay in delivery of the Interview letter the Complainant could not attend the Interview and ultimately he was deprived of the job causing a great irreparable loss to his career. The Complainant has therefore approached this Commission with the allegation of deficiency in service on the part of the O.P./Postal Authority claiming compensation of Rs.19,90,000/- with litigation cost.

                                                                                                                                                                                      Contd……p/2    

                                                                                                            Page: 2

O.P./Postal Authority contested the case by filing a written version admitting in Para-13 of the written version that the article was received on 19/02/2018 and delivered on 26/02/2018. It is contended by the O.P./Postal Authority that for such delay in delivery of the postal article they may be liable to limited compensation under the Postal Department rule.

-: Decision with reasons: -

Having regard to the facts of the case, contention, submission and documents on both sides   the Commission finds that admittedly the Complainant passed the Written examination (Vide Selection Letter dated: 13/04/2016 issued by W.B. Staff Selection Commission, Kolkata) and was due to appear at the Interview to be held by West Bengal Staff Selection Commission Authority on 22/02/2018 but the O.P. / Postal Authority delivered the Interview letter to the Complainant after due date of the Interview though it was dispatched to the concerned Post Office well in advance. The Postal Authority had the enough scope and time to deliver the Interview letter to the Complainant but they have deliberately failed to do so thereby denying the Complainant to avail of the chance of Interview and getting selected for a Government job.

Ld. G.P., Bankura at the time of hearing has referred to the relevant Postal rule vide Govt. Circular No.43-4/87-BDD, dt.22/01/1999 wherein it is stated that in the event of delay of service of domestic Speed Post article / loss or damage thereof compensation payable to the customer is double the Speed Post charge or Rs.1,000/- as the case may be. According to Ld. G.P., Bankura liability of the Postal Authority in such case is limited to maximum Rs.1,000/-

On the other hand the Complainant frankly submitted before the Commission that he was very hopeful of getting the Govt. job after passing the written examination but as ill luck would have it, he could not attend the Interview due to late delivery of the Interview letter by the O.P./Postal Authority. The compensation of Rs.1,000/- as offered by the Ld. G.P., Bankura under the relevant Postal rule is ridiculous and also incompatible to the extent of loss suffered by the Complainant.

It is a matter of joke to give compensation to an unemployed youth by taking away the opportunity and chance of his getting Govt. job. The Postal Authority in such case should compensate the substantial loss caused to the career of the Complainant by providing him a suitable job either in the Postal Department or in any other Central / State Government.

                                                                                                                                                                             Contd……p/3  

                                                                                                            

Page: 3

Though there is no such provision in the Consumer Protection Act, 2019 to give such relief to a consumer but considering the socio economic justice which is the preamble of our Constitution the Commission should exercise its power in deserving cases to render substantial justice to an aggrieved consumer. Both Central and State Government should come forward to provide a suitable job to the Complainant befitting his status and qualification in lieu of providing meager amount of compensation and the Commission is reluctant to pass any such order directing payment of compensation to the Complainant.

It is worthwhile to mention here that the Complainant has already crossed his age limit for getting Govt. job and he is now totally ruined and has been spending sleepless nights in anxiety and despair.

Before parting with the order the Commission likes to place on record that this should not be treated as a precedent but a holistic approach as a special case on humanitarian ground as is expected from a welfare State which will help the Complainant to get new ray of hope for the rest of his life.

With this observation the case is disposed of by directing the O.P./Postal Authority to place the matter for consideration before the appropriate Central Government Authority to comply the spirit of the order and get discharged from their liability.

Ld. G.P., Bankura as a Nodal Officer is directed to take up the matter with the competent Authority of State of West Bengal as well as Govt. of India to fulfill the desire of the Complainant in the light of the observation of the order of the Commission made hereinabove.

The entire process of providing job to the Complainant should be completed within three months from this date in default the concerned stake holders will suffer the legal consequences.

Both parties including Ld. G.P., Bankura be supplied copy of this Judgement free of cost.

 

  ____________________               _________________           _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER        HON’BLE MEMBER