SAURABH JAIN Vs. MADHUR COURIER SERVICE

JUDGEMENT

(1.) The complainant has filed this complaint under Sec.17 (a) (i) of the Consumer Protection Act, 1986 claiming a compensation of Rs.5,01,000/- in alleged deficiency in service on the part of the opposite party-Madhur Courier Service.

(2.) Brief facts of the case are that the complainant appeared in the PET Examination of the year 2000 conducted by the Professional Examination Board, Bhopal on 27.6.2000. The Examination Centre was Emanual Higher Secondary School, Sagar. The complainant failed in 3 subjects and, therefore, applied for revaluation on 13.7.2000 and sent an application to the Professional Examination Board, Bhopal Main Road No.1, Chinar Park, East, Bhopal with a Bank Draft No.199743 drawn on the Allahabad Bank, Sagar through opposite party No.1/madhur Courier Service for which the opposite party No.1 charged Rs.5 of which receipt No.8952 dated 15.7.2000 was issued to the complainant.

(3.) The opposite party No.1 sent the application for delivery of the same to the Professional Examination Board, Bhopal through opposite party No.2/mohanlal Motwani. The complainant alleged that the opposite party No.1 assured the complainant that the envelope will be delivered in the office of the Professional Examination Board on or before 15.7.2000, but the said application did not reach even before 17.7.2000, which was the last date of acceptance of the application for revaluation and it was delivered on 21.7.2000. The Professional Examination Board vide letter dated 26.7.2000 informed the complainant that his application or revaluation is rejected as it was not received before 17.7.2000, therefore, the complainant is not entitled for revaluation and sent back the Bank Draft to the complainant. The complainant alleged that he was sure that in revaluation his marks will be increased and he will get the admission in the Engineering College, but, as the application could not reach in time due to negligence and carelessness on the part of the opposite party, he could not get the admission and, therefore, he and his parents and family members suffered physical and mental pain hence claimed Rs.5,00,000/- as compensation and Rs.1,000/- for the correspondence made by the complainant, total Rs.5,01,000/- with interest thereon at the rate of 12 per cent per annum from the date of application made for revaluation.