COMPLAINT NO.2244 OF 2009

Shivakumar .R

S/o K.Raju,

Aged about 27 yrs,

No.3216/A, 1st Main,

Sharavathi Nagar,

60 feet Road, Pattegara Palya,

Vijayanagar North,

Bangalore – 560 072.

…. Complainant.

V/s

The Chief Post Master General,

Karnataka Circle,

Bangalore – 560 216.

…. Opposite Party

-: ORDER:-
This complaint is filed seeking for a direction to the Opposite Party to pay a sum of Rs.15,00,000/- as compensation with 12% interest, to pay Rs.3,000/- towards conveyance and other incidental charges, Rs.1,00,000/- towards mental agony and harassment and Rs.5,000/- towards legal fees and expenses, on the following grounds:-

2. The complainant has applied for the post of Driver in the Hon’ble High Court of Karnataka, Bangalore in response to the notification No.HCE 257/2003 dated 23/06/2008. On 06/11/2008 the High Court office has sent a letter to the complainant’s address directing him to appear for the driving test on 18/11/2008 at 7.00 a.m. in Unit 7, Bangalore Metropolitan Transport Corporation, Kempegowda Bust Sand, Subhashnagar, Bangalore – 560 009 along with the necessary documents for verification. As per the call letter of the High Court office he appeared for the driving test and produced the necessary certificates for verification and has completed the first round interview successfully and further he has been informed by the High Court office that the second round of interview will be conducted for the candidates who have successfully completed the driving test. After the driving test, the complainant used to contact the High Court office frequently to know the date of the second round of interview. He has been informed by the High Court office that an interview letter was sent through speed post to him on 23/09/2009 and accordingly he approached the Vijayanagar Post Office on 24/03/2009 and 25/03/2009 and enquired about the letter addressed to him by the High Court through speed post. But he was informed by the employees in the said post office that they have not received such letter. Thereafter he has been given phone No.23211911 of Nagarabhavi post office and he has also contacted the Nagarabhavi Post office on 30/03/2009 and 06/04/2009, but there was no response from the said post office. However, the complainant came to know that the letter sent by the High Court through speed post was returned back to the High Court without delivering the same to the complainant. Thereafter the complainant gave a letter to the High Court office to consider him for interview, but by that time, the interview was completed and the office has informed that it is not possible to consider his application for interview on the basis of non receipt of the interview letter in time and thereby the complainant has lost an opportunity to appear for an interview for the post of driver in the High Court office and lost the job and thereby he suffered mental agony and harassment. Hence, the complaint.

3. The notice was issued to the Opposite Party and though the notice was served on the Opposite Party he remained absent throughout the proceedings.

4. In support of the claim, the complainant has filed his affidavit and has produced documents. We have heard the arguments of the learned counsel for complainant.

5. The points for consideration are:-



1. Whether the complainant has proved deficiency in service on the part of Opposite Party?

2. Whether the complainant entitled to the relief prayed for in the complaint?

6. Our findings are:-

Point No(1) : In the Affirmative


Point No(2) : As per final order,

for the following:-

-:REASONS:-

7. As per the complainant, the High court office has sent an interview letter to the complainant on 23/09/2009 by speed post. As he could not receive the letter he contacted the Vijayanagar Post Office and enquired about the letter sent by the High Court office to the complainant, but they have informed that no such letter was received by them and they have even asked him to contact the Nagarabhavi post office and they have given the telephone number of the said office. Accordingly he also contacted the said Nagarabhavi Post office, but there was no information regarding receipt of his letter in the said post office. Thereafter, instead of delivering the letter to the complainant, the letter was returned to the sender i.e., High Court Office.

8. The complainant also wrote a letter to the Post Master General, Karnataka Region, Bangalore Circle bringing to their knowledge regarding non receipt of the letter sent to him by the High Court office through speed post. In response to the said letter a letter was addressed to the complainant from the office of the Chief Post Master General, Karnataka Circle, Bangalore informing that “ Detailed enquiry made into the case revealed that the article contained the address as “Sharavathinagar” and also “Pattegarapalya” which are two different localities. Hence, the article was first sent to Vijayanagar PO and then to Basaveshwaranagar PO (which are served by different post officers). The article was mishandled at these post offices without being tried for delivery at the above address and finally, erroneously, returned to sender instead of the same being tried again for delivery”.

9. As admitted by the Opposite Party in the above said letter it is a clear case of deficiency of service. Accordingly the complainant has proved the deficiency of service by Opposite Party. In this connection we feel that for taking of an article by speed post, the postal department levied extra charge and given assurance to the sender of delivering the article within a specified time and therefore any omission in so doing would establish deficiency in service.

10. Admittedly the High Court office has sent an interview letter to the complainant by speed post to the complainant and the complainant is the beneficiary of such service.

Point No.(2):-

11.The High Court office has sent interview call letter to the complainant directing him to appear for driving test on 18/11/2008 at 7.00 a.m. in Unit-7, BMTC, Subashnagar, Bangalore. Accordingly he attended to driving test on 18/11/2008 and successfully completed the driving test. A further interview for those candidates who were successful in the driving test was held thereafter and accordingly a letter was sent to the complainant by the High Court office on 23/09/2009 through speed post directing him to appear for interview. As he could not receive the letter, he approached the Vijayanagar post office and Nagarabhavi Post office and enquired about his letter. But they have informed him in the negative. As such, the complainant has lost an opportunity to appear before the High Court Office for the interview for selection to the post of driver and the complainant was made to run form one place to other place to know about the interview call letter with no result.

12. The complainant has prayed for compensation of Rs.15,00,000/- with 12% interest for the deficiency of the service rendered by the complainant. He has also prayed for the conveyance and other incidental charges of Rs.3,000/- and Rs.1,00,000/- towards mental agony and harassment. Further he has prayed for compensation of Rs.5,000/- towards costs of the proceedings. The complainant has claimed Rs.15,00,000/- towards loss of salary which he could have received during the entire tenure of his service, had he been appointed. But merely because, the complainant was called for interview that does not mean that he was sure to be appointed. It was only an opportunity to attend an interview without assurance of appointment. As such in our opinion, the complainant is not entitled to claim the entire salary he was likely to receive in case of appointment. Therefore, we award a lump-sum compensation of Rs.5,000/- for the deficiency of service on the part of Opposite Party including costs of the proceedings. In the result, we pass the following:-

-:ORDER:-

1. The complaint is allowed in part.

2. The Opposite Party is directed to pay Rs.5,000/- to the complainant as compensation

3. Compliance of this order shall be made within eight weeks from the date of communication, failing which the amount of compensation shall carry interest at 9% Per Annum from the date of the order till payment.

4. Send a copy of this order to both parties free of costs, immediately.

5. Pronounced in the Open Forum on this the 16th Day of DECEMBER 2009.