Haryana

Kurukshetra

CC/307/2019

Balkrishan - Complainant(s)

Versus

Wadhwa Courier - Opp.Party(s)

Rajbir Saini

22 Mar 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION KURUKSHETRA.

Consumer Complaint No.307 of 2019

Date of Instt.:1.08.2019

Date of Decision: 22.03.2021.

 

Balkrishan Sharma son of Sh.Amar Singh Sharma, resident of house no.2217, Ward No.2, Shyam Colony, Jhansa Road, Kurukshetra

                                                                                      …….Complainant.                                                       Versus

 

1.Wadhwa Courier Service, Shop No.717/8, Indira Colony, near Ankur Nursing Home, Kurukshetra through its owner/Proprietor/Partner.

2.Overnite Express Courier Services Limited, Overnite Express -11099-C Overnite East Park Road, Karol Bagh Delhi – 110005.              

                                                                                         ….…Opposite parties.

Complaint under Section 12 of Consumer Protection Act.

 

Before        Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member. 

                   Shri Issam Singh Sagwal, Member.                     

                   

Present:      Shri B.K.Sharma Advocate for the complainant.     

OPs ex parte.

ORDER

                  

                 This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by the complainant Balrishan Sharma against Wadhwa Courier Service  etc, the opposite parties.

 

2.                The brief facts of the complaint are that the complainant  is preparing for judiciary. The complainant has applied for M.P.Higher Judicial Service (Entry Level)District Recruitment from Bar Examination -2018 and the preliminary examination as conducted on 9.08.2018 by High Court Madhya Pardesh and the complainant obtained 117 marks out of 150 and passed his preliminary examination. It is averred that after declaring the results of Preliminary examination, High Court of Madhya Pardesh invited forms of Main Judiciary Examinations and the last date for depositing the forms was 25.08.2018.It is further averred that on 17.08.2018 the complainant approached the OP No.1 for delivering the parcel of the complainant and the OP No.1 assured the  complainant that the parcel of the complainant would be delivered within two days.  Prior to that the complainant also approached the postal authority and asked for the delivery of the parcel and the employees of postal authorities assured that the parcel of the complainant may be delivered to the address given by the complainant within two days on payment of postal charges of Rs.50/- but did not gave any surety in this regard.  As per assurance of the OP no.1 the complainant booked the parcel for delivering the same on the address at Registrar, Exam, High Court of Madhya Pardesh at Jabalpur on 17.08.2018 and the complainant had paid an amount of Rs.250/- to the OP No.1. It is again averred that on 10.09.2018, the Hon‘ble High Court of Madhya Pardesh uploaded the list of non eligible candidates. The complainant was very hopeful of his selection but was shocked in the list of non eligible candidates at Sr.No.29 and remarks for ineligibility shown as late receipt of application form on 27.8.2018 and the complainant has been declared not eligible for late submission of application form. The complainant went to OP and asked about the status of his application form. The OPs informed the complainant that his application form was delivered to given address on 21.08.2018 and also sent the proof of delivery on e-mail i.e. tracing report and proof of receipt by High court. It is also averred that on the basis of information regarding delivery of courier was supplied to the OPs, the complainant personally visited at Jabalpur on 14.09.2018 and approached the Registrar Exam, Madhya Pradesh and approached him on 15.09.2018 regarding receiving of parcel of complainant which was delivered on 21.07.2018 but the Registrar showed to the complainant parcel of the complainant which was delivered to him on 27.8.2018 and thereafter the complainant returned to his house.  The complainant approached the OP No.1 and asked  about for supplying the wrong information to the complainant but the OP No.1 did not bother for the same. Thereafter, the complainant was forced to file a Writ Petition No.1150 of 2018 before the Hon’ble Supreme Court of India and has spent an amount of Rs.1,10,000/- as counsel fee, clerkage and other expenses. It has been mentioned that date of birth of the complainant is 20.08.1973 and criteria of age limit of 35 to 45 years for applying in the said job and there was last chance for the complainant for applying for the said job. Due to wrong information and due to unfair trade practice and deficiency in services on the part of OPs, the complainant could not  prepare for the main examination. Thus, it is alleged that such act on the part of the OPs amounts to deficiency in services on the part of the OPs and the complainant has claimed the compensation of Rs.4.5 lacs for deficiency in services on the part of the OPs.

 

3.                Notice of the complaint was given to the OPs. Both the OPs failed to appear and contest the case despite due service. Therefore, OP No.1 and 2 were proceeded against ex-parte vide order dated 29.01.2020 and order dated 13.03.2020 respectively.

 

4.                The complainant in support of  his case has filed his affidavit Ex.CW1/A and tendered documents Ex.C-1 to Ex.C-11 and closed his evidence.

 

5.                We have heard the learned counsel for the complainant and gone through the case file very carefully.

 

6.                Learned counsel for the complainant has argued that the complainant   applied for M.P.Higher Judicial Service (Entry Level)District Recruitment from Bar Examination -2018 and the preliminary examination was conducted on 9.08.2018 by High Court Madhya Pardesh and the complainant obtained 117 marks out of 150 and passed his preliminary examination. It is further argued that after declaring the results of Preliminary examination, High Court of Madhya Pardesh invited forms of Main Judiciary Examinations and the last date for depositing the forms was 25.08.2018.It is further argued  that on 17.08.2018 the complainant approached the OP No.1 for delivering the parcel of the complainant and the OP No.1 assured the  complainant that the parcel of the complainant would be delivered within two days.  Prior to that the complainant also approached the postal authority and asked for the delivery of the parcel and the employees of postal authorities assured that the parcel of the complainant may be delivered to the address given by the complainant within two days on payment of postal charges of Rs.50/- but did not gave any surety in this regard.  It is argued that as  per assurance of the OP no.1 the complainant booked the parcel for delivering the same on the address at Registrar, Exam, High Court of Madhya Pardesh at Jabalpur on 17.08.2018 and the complainant had paid an amount of Rs.250/- to the OP No.1. It is again argued that on 10.09.2018, the Hon‘ble High Court of Madhya Pardesh uploaded the list of non eligible candidates. The complainant was very hopeful of his selection but was shocked  to see himself in the list of non eligible candidates at Sr.No.29 and remarks for ineligibility shown as late receipt of application form on 27.8.2018 and the complainant has been declared not eligible for late submission of application form. The complainant went to OP and asked about the status of his application form. The OPs informed the complainant that his application form was delivered to given address on 21.08.2018 and also sent the proof of delivery on e-mail i.e. tracing report and proof of receipt by High court. It is submitted that on the basis of information regarding delivery of courier was supplied to the OPs, the complainant personally visited at Jabalpur on 14.09.2018 and approached the Registrar Exam, Madhya Pradesh and approached him on 15.09.2018 regarding receiving of parcel of complainant which was delivered on 21.07.2018 but the Registrar showed to the complainant parcel of the complainant which was delivered to him on 27.8.2018 and thereafter the complainant returned to his house.  The complainant approached the OP No.1 and asked  about for supplying the wrong information to the complainant but the OP No.1 did not bother for the same. Thereafter, the complainant was forced to file a Writ Petition No.1150 of 2018 before the Hon’ble Supreme Court of India and has spent an amount of Rs.1,10,000/- as counsel fee, clerkage and other expenses. It has been submitted that date of birth of the complainant is 20.08.1973 and criteria of age limit was  of 35 to 45 years for applying in the said job and there was last chance for the complainant for applying for the said job. Due to wrong information and due to unfair trade practice and deficiency in services on the part of OPs, the complainant could not  prepare for the main examination. Thus, it is alleged that such act on the part of the OPs amounts to deficiency in services on the part of the OPs.

 

7.                After hearing the learned counsel for the complainant we see that as mentioned in Ex.C-3 the complainant applied for M.P.Higher  Judicial Service (Entry Level)  Direct Recruitment from bar Exam-2018 (for 28 posts).The age criteria for the said posts was  35 to   45 years. The complainant passed the preliminary examination for the said posts as shown at page 45 vide Serial No.326.  As mentioned at5 page no.32 and 33, the applications for main examination were to be reached to Exam Cell on or before 25.08.2018 positively. The complainant contacted the postal authorities but they declined to take surety for delivery of the post in time. Then vide Ex.C-1, the complainant sent the application on 17.8.2018 through  OP No.1 for main examination to the Exam Cell and the OPs assured to deliver the post to its destination till 21.8.2018 and paid Rs.350/- for courier service for the said post. On 10.09.2018, Hon’ble High Court of Madhya Pradesh uploaded the list of  not-eligible candidates for main examination and the name of the complainant was found  not eligible candidates at Sr.No.29. Upon this, the complainant moved an application Ex.C-7 to the High Court of Madhya Pradesh, but his name was not considered for the main examination because his application as received at its destination on 27.8.2018  whereas last date for the receipt of the said application was 25.8.2018.  The complainant was sure to pass the main examination because he had called for viva-voca interview by the Punjab and Haryana High court as per Ex.C-8 after passing the written test for the post of judicial services. The complainant filed the Writ Petition  No.1150 of 2018 before the Hon’ble Supreme Court which has been allowed provisionally but the complainant could not succeed in the main examination because of the reason that he remained busy in contesting the case in the Hon’ble Supreme Court and also  could not be able to made  proper preparations for examination due to disturbance caused by the OPs due to non receipt of the post well in time. He has  lost a brilliant chance for preparation of the main examination due to negligence and deficiency in services on the part of the OPs. The date of birth of the complainant is  20.08.1973 and it was the last chance  for the complainant for appearing in the said examination. The complainant is practicing as an  Advocate in the District Bar Examination, Kurukshetra and he has lost his golden chance to appear in the M.P.Higher Judicial Services which  has caused him  irreparable loss and injury due to deficiency in services on the part of the OPs  because OPs promised to deliver his application at its destination on or before 25.8.2018 but it reached at its destination on 27.08.2018.The version of the complainant and the facts discussed mentioned above goes unrebutted and unchallenged  because same are supported by cogent documentary evidence and the OPs have also failed to appear and contest the present complaint. Therefore, it is held that due to deficiency in services on the part of the OPs, the complainant has failed to appear in the main examination of the M.P.Higher Judicial Services which was last and final chance for the complainant having regard to the age criteria for the said posts. Therefore, deficiency in services on the part of OPs is established and the complainant is entitled to compensation.

 

8.                In view of the above discussion, we allow the present complaint and direct the OPs jointly and severally to pay the sum of Rs.1,00,000/- to the complainant as compensation for the deficiency in services on the part of the OPs.  The OPs are further directed to make the compliance of this order within a period of 45 days from the date of preparation of certified copy of this order, failing amount of compensation of Rs.1,00,000/- shall carry interest @ 6% per annum from the date of filing of the present complaint i.e. 1.08.2019 till its actual realization. A copy of this order be supplied to the parties as per rules. File be consigned to the record room after due compliance.

 

Announced in open commission:

Dt.:22.03.2021.                                                       (Neelam Kashyap)                                                                                                   President.

 

 

(Issam Singh Sagwal),              (Neelam)         

 Member                                     Member.