Orissa

Sambalpur

CC/35/2018

Debasish Mohapatra - Complainant(s)

Versus

1- The Post master - Opp.Party(s)

M.K.Mahapatra, S. Mahapatra, Sri. K.K.Patel

02 Jan 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer.Case No.- 35/2018

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Debasish Mahapatra,

S/O- Khageswar Mahapatra.

At- Sorna, Po/Ps-Attabira,

Dist-Bargarh.                                                            ……..…..Complainant

 

Vrs.

1. The Post Master,

At/Po-Jyoti Vihar, Burla.

Dist-Sambalpur, Odisha-768019.

2. The Superintendent of Post Office,

Sambalpur Division, Sambalpur,

Dist-Sambalpur, Odisha-768001.

3. The Chief Postmaster General,

Odisha Post Circle, Bhubenaswar-751001                       …..….Opp. Parties

Counsels:-

1. For the Complainant       :-         Sri. M.K.Mahapatra, Advocate & Associates.
2. For the O.P                       :-         Sri. B.B.Negi, Authorised Representative

 

Date of Filing:16.05.2018,Date of Hearing :21.11.2022, Date of Judgement : 02.01.2023

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant is a brilliant post-graduation student of Department of Mathematics, Sambalpur University, Jyoti Vihar, Burla Sambalpur. The Complainant was selected for P.G Scholarship for the session 2015-16 and was to be awarded Rs. 44,000/- to the effect by Institution of Mathematics and Application (IMA) Bhubaneswar. As per information from IMA the Complainant had posted the required documents through speed post at Jyoti Vihar, Burla Post Office vide Speed Post No. EO496725733IN on dt. 16.05.2016. The Complainant came to know from IMA Bhubaneswar that he could not get the scholarship because of non-receipt of requisite documents for availing Scholarship within the stipulated time period. The Complainant registered a complaint to the Superintendent of Post Office, Sambalpur Division vide Complaint no. 100071-98133 dtd.21.09.2016 and received a letter from   Superintendent of Post Office, Sambalpur Division vide Letter No. CR/10071-98133/16-17 on dtd. 21.12.2016 in which the Complainant came to know that the Speed Post article was lost under the custody of Mahalaxmi Vihar, SO, Bhubaneswar. The Complainant finding no option sent a legal notice U/s. 80 of CPC through an Advocate to the Chief Postmaster General, Orissa Postal Circle, Bhubaneswar on dtd. 28.10. 2017 with Regd. Post with A.D. but the Complainant had got no reply to that notice. The Complainant is suffering from mental agony as well as depression for not getting the Scholarship. This deficiency of service or negligence is a great concern to the Complainant and something should be done promptly to compensate the Complainant due to the deficiency of service and negligence of OPs.
2. The Written Statement of the O.Ps is that  a speed post article bearing no. EO496725733IN was booked by the Complainant on 16.05.2016 meant to be delivered to the Director, IMA Bhubaneswar. The Complainant lodged one complaint no. 10071-98133 dtd. 21.09.2016 on Customer Care Centre Web portal regarding non-receipt of the mentioned article which was pending at the end of Mahalaxmivihar, SO, Bhubaneswar.  Mahalaxmi vihar SO, Bhubaneswar replied on 28.11.2016 that “the above mentioned article has been lost at their end” and forwarded the complaint to SPOs, Sambalpur Division for further disposal. Accordingly the complaint was closed in the CCC web portal on 30.11.2016with reply, “the article in question appears to have been lost at Mahalaxmivihar SO, Bhubaneswar and requested him to claim for compensation. The application for compensation for the lost article was received at this office on 20.07.2017 and the memo for payment to the Complainant was issued on 31.07.2017. As per section 6 of Indian Post office Act 1898 the department is exempted from liability for loss, misdelivery, delay or damage to any postal article in course of transmission by post. The contents of the said rule are that the Government shall not incur any liability for reasons of the loss, misdelivery or delay of, or damage to any postal article in course of transmission by post, except in so as such liabilities may in express terms be undertaken by the central Government as hereinafter provided, and no officer of the post office shall incur any liability by reasons of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his willful act or default.
3.              After perused of the submission of the both the parties and records available it is found that due to negligence and deficiency of service of the OPs, the Complainant could not get the scholarship because of non-receipt of requisite documents for availing Scholarship within the stipulated time period.

Accordingly, it is ordered that the Complaint Petition filed by the Complainant is allowed on contest. The O.Ps are directed to pay Rs. 44,000/- to the Complainant which would have given to the Complainant as scholarship, Rs. 50,000/- towards deficiency in service, mental agony and suffering as compensation to the Complainant and Rs. 10,000/- towards litigation expenses to the Complainant within 30 days from the date of this Order failing which the amount will carry interest @ 9% per annum till realization.

Order pronounced in the open Court today on 2^nd day of January, 2023.

Free copies of this order to the parties are supplied.