IMPORTANT POINTS
Scope of second appeal is limited and same can only be entertained if it involves a substantial question of law.

ORDER

Dr. Sadhna Shanker, Presiding Member.—This second appeal has been filed under Section 51 of the Consumer Protection Act, 2019 against the Order dated 21.01.2025 of the State Consumer Disputes Redressal Commission, Punjab (hereinafter referred to as the ‘State Commission’) in appeal No. 10 of 2025 arising out of an order dated 25.10.2024 of the District Consumer Disputes Redressal Commission (hereinafter referred to as the ‘District Commission’) in complaint No. 04 of 2023.

2. There is a delay of 15 days in filing the second appeal.

In the interest of justice and for the reasons contained in the application for condonation of delay, the delay of 15 days is condoned.

3. Heard the appellant in person (hereinafter referred to as the ‘complainant’) and perused the record including the Order dated 25.10.2024 of the District Commission, the impugned order dated 21.01.2025 of the State Commission and the appeal.

4. The brief facts of the case are that the complainant, being a retired Deputy Manager of State Bank of India, applied online by paying fee of Rs.2000/- for the post of Member, District Consumer Disputes Redressal Commission, Sri Muktsar Sahib and sent a set of hard copies of the requisite application and supporting documents to the Registrar, Punjab State Consumer Disputes Redressal Commission, situated at Sector 37-A, Chandigarh through opposite party (hereinafter referred to as the ‘courier company’) under consignment No. 408271123. The courier company party assured timely delivery of the said article to its destination, but the consignment was returned to the complainant on 02.06.2022 with the remarks ‘Party Refused’. It is alleged that the person delivering the courier approached the incorrect address, as it is also clearly shown in the delivery sheet, which related to Sector 35 instead of the addressee at Sector 37-A. It is further alleged that there was lack of diligence and standard of care by the delivery personal, including failure to contact the complainant using the provided mobile number. It is furthermore alleged that due to the said act of the courier company, the candidature of the complainant for the said post was rejected by the competent authority. Alleging gross negligence and deficiency in service on the part of the courier company, the complainant filed a complaint before the District Commission.

5. The District Commission, vide its order dated 25.10.2024, partly allowed the complaint and directed the courier company to pay Rs.10,000/-as compensation on account of harassment and mental agony and Rs.5,000/- as consolidated cost of application fees, miscellaneous and litigation expenses.

6. Not satisfied with the order dated 25.10.2024 of the District Commission, the complainant filed an appeal before the State Commission. The State Commission vide its order dated 21.01.2025, dismissed the appeal and upheld the order of the District Commission.

7. Being aggrieved by the order dated 21.01.2025 of the State Commission, the complainant has filed the instant second appeal before this Commission. The complainant has framed the following questions:

(i) Do eligible retired government employees have a legal or fundamental right to reappointment to posts specifically offered to retired employees for the purpose of ensuring a better livelihood?

(ii) Whether an individual is entitled to compensation under Consumer Protection Laws if a service provider’s negligence -such as failing to deliver a form/application on time resulted in the loss of a job opportunity ?

(iii) Whether the below Commissions appropriately considered the judgments of this Ld. Commission and the High Courts in Malati Bhat vs. State Bank of India (II (1992) CPJ 352 (NC), Suman Panigrahi vs. Board of Nursing & Others decided on 04.09.2013 by High Court of Orisa: Cuttuck in W.P. © No. 15465 of 2013 and Mother Marry College of Nursing & Ors. decided on 21.06.2023 by High Court of Karnataka, in W.P. No. 200583 of 2023 wherein compensation for expected