POST OFFICE Vs. AKHILESH GROVER

JUDGEMENT

(1.) The present revision petitions are filed against the judgment dated 11th December 2015 of the Punjab State Consumer Disputes Redressal Commission, Chandigarh in First Appeal nos. 803 and 811 of 2013.

(2.) The brief facts of the case as per the respondent/ complainant are that the respondent filed a complaint under section 12 of the Consumer Protection Act, 1986 against the petitioner/ opposite party on the averments that the Punjab Public Service Commission had given an advertisement for 143 posts of PCS (Executive) and allied services. The respondent applied under the general category and was assigned roll number 1591822553 for preliminary examination held on 19.12.2010 and the result was declared on 30.12.2010 on the website of the Commission and the respondent was a successful candidate. Approximately 28,000 candidates had appeared for preliminary examination and 2212 candidates were selected for the next level, i.e., the main examination which was only 8%. The respondent spent a sum of Rs.1.00 lakh for coaching at various centres. On 17.01.2011, PPSC issued a notice on its website mentioning therein that the application form and envelop (duly numbered) had been sent to the candidates. In case, any candidate did not receive the same by 25.01.2011, then the same could be collected personally from the office of the Commission on 27th, 28th or 30th January 2011 and last date for the receipt of the application form was 15.02.2011 till 05.00 p m. The respondent duly filled in the application form received by him along with fee of Rs.2,000/- on 08.02.2011 in the name of Secretary, PPSC and sent the same through speed post vide receipt number EPO 58208559IN, OP Code AA. PPSC issued another notice dated 09.03.2011 on their website that the main examination would be held on 24.06.2011. On 25.05.2011, PPSC displayed the list of ineligible candidates and the respondent's name was there at Serial no. 2 and the reason was that the application form had been received late. The respondent visited the office of PPSC at Patiala on 26.05.2011 but they refused to intervene and said that they could do nothing in the matter. On further inquiry, it was found that his application form sent through speed post on 08.02.2011 had not been received by 15.02.2011, i.e., last date of receiving the application form. Therefore, the respondent filed a writ petition no. 9859 of 2011 before the Punjab and Haryana High Court against PPSC and paid Rs.20,000/- to the advocate for filing the writ petition. The court in the interim order allowed the complaint for provisional admission. However, PPSC issued a press note dated 09.06.2011 declaring the postponement of the main examination till further orders. Thereafter, PPSC announced the new date for the main examination on 02.09.2011. In the meantime, the respondent was putting in hard work for preparing the main examination. The respondent also received the date sheet for the main examination along with the admit card. However, to his utter surprise/ dismay all his dreams were dashed to ground when Hon'ble Punjab and Haryana High Court dismissed the writ petition on 09.09.2011. The respondent filed an LPA before the Hon'ble Punjab and Haryana High Court and paid Rs.45,000/- to the advocate. The said LPA was also dismissed on 20.09.2011. Thereafter, the respondent filed an SLP no. 973 of 2013 before the Hon'ble Supreme Court and spent Rs.15,000/- for preparing and filing the same, but it was not allowed.

(3.) Citizen's Charter India Post had declared the time for speed post within same circle within one or two days. Patiala where the speed post was to be delivered, was just 70 km from Mohali. He has come to know that the speed post was wrongly sent to Delhi, due to which the speed post was delivered in the office of PPSC only on 22.02.2011. This clearly proved the deficiency in service on the part of the petitioner/OPs. Hence, the respondent prayed that the petitioner be directed to pay Rs.82,528/- along with interest @ 18% from 08.02.2011 till payment, i.e., Rs.28 for speed post, Rs.2,000/- as fee, Rs. 20,000/- paid to Munish Singla, Advocate, Rs.45,000/- to Jagmohan Singh Bhatti and Rs.15,000/- for filing SLP, Rs.1.00 lakh along with interest, the amount spent on coaching Rs.16,00,000/- on account of deficiency in service and Rs.33,000/- as cost of litigation.