KARNATAKA PUBLIC SERVICE COMMISSION Vs. MALLIKARJUN AND ANR.

JUDGEMENT

(1.) The case of the complainant in brief is that he had sent an application for Gazetted Probationers post on 15.12.2004 to KPSC by paying Rs. 50 and Rs. 300 towards application and examination fees. As he did not get the Hall Ticket he could not appear for the examination and lost an opportunity to get the Government job. District Forum after hearing the parties Counsel and also going through the records of the case partly allowed the complaint directing the KPSC to pay Rs. 5,000 as compensation with interest @ 6% per annum from the date of filing of the complaint till the date of realisation to be recovered from O.Ps. i.e., KPSC and the Head Post Master, Gulbarga jointly and severally along with Rs. 1,000 towards mental agony and costs of proceedings. Aggrieved by the District Forum, Secretary, KPSC had filed an appeal before the State Commission which was dismissed without cost.

(2.) The learned Counsel for the petitioner argued that they have a proof of sending the Hall Ticket by EMS speed post on 25.1.2005 for the examination to be held on 27.2.2005 and as it was sent by speed post, according to him the complainant must have received the same.

(3.) Secondly, he submitted that alleged cause of action accrued to the complainant on 27.2.2005 i.e., on the day the preliminary examination was conducted by the petitioner where as the complaint was filed on 29.1.2007, clearly beyond the period of 1 year as stipulated under the Act. He further contended that as KPSC is a constitutional body entrusted with the duty of conducting examination for appointment to the service of State, it is not rendering any service within the meaning of Consumer Protection Act.