A M HAREESH Vs. MANAGER SKYPAK INTERNATIONAL

JUDGEMENT

(1.) The facts, briefly stated, are as follows : -1 The complainant, a medical graduate, averred that he wanted to appear for F. M. G. E. M. S. (Foreign Medical Graduate Examination in the Medical Sciences) conducted by EGFMG (Educational Commission for Foreign Medical Graduates), Philadelphia, U. S. A. and for that he sent an application along with some documents and a cheque for 265 U. S. Dollars in an envelope addressed to the Educational Commission for Foreign Medical Graduates, 3624, Market Street, Philadelphia, Pennsylbania-19104/2685 U. S. A. TTiis envelope was to reach the addressee on or before 11.6.1991. The complainant sent the said envelope on 8.6.1991 through the opposite party-the International Courier, at Mysore.

(2.) The complainant, further averred that the opposite party agreed to send the same within 11.6.1991 and took an amount of Rs.475/- as charges.

(3.) The complainant, nextly averred, that the opposite party did not carry the said envelope so as to reach the same to the addressee in U. S A, on or before 11.6.1991. The complainant received a letter on 18.6.1991 from the E. C. F. MG. Office dated 13.6.1991, stating that his registration to take on July 23/24,1991, administration of F. M. G. E. M. S. was cancelled for failure to make required payment on time. So he was not able to take the examination in the month of July 1991. Consequently lost 6 months period as the next examination was to be held only in the month of January 1992.