Shri Dalip Singh son of Shri Vipta Ram R/O Village Ghaton, P.O. Barog, Tehsil Renuka Ji, District Sirmour, H.P.





… Complainant.

Versus



1. HP State Public Service Commission

Through its Secretary, Nigam Vihar Shimla, H.P.



2. The Subordinate Service Selection Board,

Through its Secretary, Hamirpur, District Hamirpur, H.P.



…Opposite Parties.


O R D E R:


Pritam Singh (District Judge) President: - This order shall dispose of complaint filed under section 12 of the Consumer Protection Act, 1986. The case of the complainant in brief is that in the year 2003-2004, the OPs circulated advertisement through media inviting applications from the desirious candidates for the post of Shashtri and the examination was to be conducted by the OP No.1 on 07.11.2004. That the complainant being eligible candidate sent his application duly filled in along with requisite documents to the OP No.1 through speed post on 27.12.2003, which was received by the OP No.1 on 29.12.2003, but despite receiving the said application in time, he was not issued roll number for the said exam by OP No.1 with the result, he could not compete for said post. This act on the part of the OPs tentamounts to deficiency in service. Hence, feeling dissatisfied and aggrieved by the act of the OPs, the complainant perforce filed this complaint against the OPs.



2. The complaint is resisted by OPs who took some preliminary objections regarding maintainability of complaint, status of the complainant as a consumer, jurisdiction of Forum to try this complaint etc. On merits, they alleged that the last date for receipt of applications for said post in the office of the OP No.1 was 28.12.2003, whereas the application of the complainant as per the record was entered in the receipt section on 03.02.2004 containing stamp of late receipt. That application was not received within the prescribed period therefore the complainant was rightly not issued roll number for the said examination. Hence, there being no deficiency in service, the complaint is sought to be dismissed. Thereafter, the parties led oral and documentary evidence in support of their claim/counter claim.



3. We have heard the learned counsel for the parties at length and have also thoroughly scanned the entire record of the complaint.



4. It may be stated at the very out set of case that undisputedly the complainant sent the requisite application to the OP No.1 through speed post on 27.12.2003 from General Post Office Nahan at 12.31 as is evident from the copy of postal receipt Annexure-1 placed on record by the complainant. As per copy of advertisement Annexure R-1 relied upon by the OP, the last date of receipt of application in the office of the OP No.1 was 28.12.2003. The application in question as per averment of Para 3 of complaint was received in the office of the OP No.1 on 29.12.2003.



5. As such, from the aforesaid documentary evidence placed on record by the parties, it stands established on record that the applications for the posts of Shashtri were invited by the OP No.1 from desirous candidates vide publication Annexure R/1 dated 29.11.2003 and the last date for receipt of the application in the office of OP No.1 was 28.12.2003. But, the application sent by the complainant on 27.12.2003 was received late on 29.12.2003 in the office of the OP No.1, that is why it was marked as late receipt and diarized later on 03.02.2004 in receipt section of OP No.1. As such, it was not considered and entertained being received late and the roll number to the complainant for said examination of shastri post was rightly not issued by the OPs. Thus, the OPs cannot be held guilty of rendering deficient service to complainant. Thus, the complaint appears frivolous.



6. For the foregoing reasons, we do not find any merit in this complaint and it being merit less is liable to be dismissed.

this is freda stephenson 2216 glenbrook drive columbus ohio 43232 home phone 614-237-7647 complaint is with safelink wireless enrollment id 4120528 letter dated august 10 2010 denial of application i did not qualify following reasons only one per household is eligible for service records indicate someone is already receiving or has alreday applied for service at your residence can file complaint with state public service commission: safe link wireless 1-800-safelink my name: freda stephenson mailing address: 2216 glenbrook drive columbus ohio 43232 home phone 614-237-7647 a brief description of your complaint: i freda stephenson have sent in and faxed lease information i am the tennant not thomas has moved and supposedly deceased for 4 months since june 2010 this information has been sent and faxed freda stephenson is the tennant i am on sdi for $687.00 monthly all this information has been sent i qualify what is safe link problem no comptent encoders or what i get tired of etf errors they are costly i would like an answer and the phone shipped thank you freda stephenson email at frdget@aol.com