Sri Sudarsan Patri, aged about 60 years,
S/o: Late Babaji Ch.Patri,
At: Acharyanagar, Bonth Chhak,
PS/Dist:Bhadrak
………………………..Complainant
(Vrs.)
1. The Superintendent of Post Offices,
Bhadrak Division,
At/PO/PS/Dist: Bhadrak
2. The Postmaster,
Bhadrak Head Post Office, Bhadrak,
At/PO/PS/Dist: Bhadrak
……………………….Opp.Parties
Order No.09 dt.08.07.2015:
The case of the Complainant is that he had booked a parcel containing shirt, pant, saree and dress weighing 2174 grams through Regd. Parcel bearing No.C0028181492 IN on 01.11.2014 from O.P.No.2 Post Office on payment of Rs.100/- to the addressee Sri Sadananda Tripathy, B-607, Kendriya Vihar, Noida-201301 on the occasion of Prathamastami festival scheduled on 15.11.2014. But the said Regd. Parcel neither delivered to the addressee nor returned to the Complainant as undelivered. Thereafter, the Complainant intimated this fact to O.Ps on 16.12.2014, 06.01.2015, 01.12.2014 and 06.01.2015. The addressee also lodged complaint through internet on 28.11.2014 vide complaint No.10005984801 regarding non-delivery of article. Though a long time has been passed till yet no response has been made by the O.Ps. So finding no other alternative the Complainant filed this case on 20.01.2015 praying for a direction to O.Ps to return the Registered Parcel containing the clothes worth Rs.4,724/- or to pay the cost of clothes amounting to Rs.4,724/- with interest. Further, the Complainant has claimed compensation of Rs.20,000/- towards mental agony, unnecessary harassment, humiliation and personal damage along cost of litigation.
O.Ps in their written version submitted that the Regd.Parcel in question was booked in the office of O.P.No.1 in the administrative jurisdiction of O.P.No.1. The O.P.No.2 has discharged his duty promptly by dispatching Regd.Parcel to next destination i.e. Bhadrak RMS under the administrative jurisdiction of Senior Superintendent RMS “N” Division,Cuttack-753001 in the website by the SPM, Noida, Sector-37 SO mentioning that the destination office has not received the Regd.Parcel. The SPM was requested to intimate the dispatch particulars. The case was taken up with SSRM “N” Division, Cuttack, who has mentioned on 23.01.2015 that the RP has been dispatched to Parcel Hub Ghaziabad CSO vide mail list of C-28/out with entry at Sl.No.8 by N-3/1-out on 02.11.2014 and FML MA Howrah RMS has received it on 03.11.2014. The O.P.No.1 has ensured that the Regd.Parcel has been dispatched by the O.P.No.2 to the next destination without delay. But the Postal Department or its employees and above all the O.Ps are least concerned about the contents of the RP or the value of the contents, since the RP in question was not insured as required under Section 33 of Indian Post Office Act,1898. On the other hand the case is under investigation. The case is now pending with Senior Superintendent Railway Mail(SSRM), SH Division, Saharanpur since 24.02.2015. The final reply has not been received from the destination despite reminders dated 02.03.2015, 03.03.2015 and 09.03.2015. The Complainant has been informed through web vide complaint No.100059-84801 dt.28.11.2014. Even if, say, the RP in question is lost in its transit, Postal Department and its employees are not liable for the same with certain exceptions. Further, Section-6 of the Indian Post Office Act,1898 gives complete immunity to Postal Department as well as to its employees unless he had caused the same fraudulently or by his willful act or default. Mere allegation cannot sustain, it needs to be proved. The investigation into this case has not been completed. The Post Office is not a common carrier; it is not an agent of the sender for sending of the postal articles to the addressee. It is really a branch of the public service subject to the provisions of the Indian Post Office Act and the rules made there under. Hence, the Complainant is not entitled to any relief as claimed. The O.Ps have relied on the decision of the Hon’ble National Commission in Revision Petition No.986 of 1996 (Postmaster Imphal & Ors. Vs. Dr.Jamini Devi Sagolband) reported in 1999(2)CCC 157(NS).
We have heard both sides and perused the documents available in the case record. It has been alleged by the Complainant that he had booked a parcel containing shirt, pant, saree and dress weighing 2174 grams through Regd. Parcel bearing No.C0028181492 IN on 01.11.2014 from O.P.No.2 Post Office on payment of Rs.100/- to the addressee Sri Sadananda Tripathy, B-607, Kendriya Vihar, Noida-201301. The said Regd. Parcel neither delivered to the addressee Sri Sadananda Tripathy nor returned to the Complainant as undelivered. According to O.Ps the Regd.Parcel has been dispatched by to the next destination without delay. The case is now pending with Senior Superintendent Railway Mail(SSRM), SH Division, Saharanpur since 24.02.2015. The final reply has not been received from the destination despite reminders dated 02.03.2015, 03.03.2015 and 09.03.2015. The Complainant has been informed accordingly through web vide complaint No.100059-84801 dt.28.11.2014. The Postal Department or its employees are not aware of the contents of the Regd. Parcel since the same was not insured under Section 33 of Indian Post Office Act, 1898. Further, Section-6 of the Indian Post Office Act,1898 gives complete immunity to Postal Department as well as to its employees unless he had caused the same fraudulently or by his willful act or default.
Admittedly, when the Registered Parcel has not been received by the addressee Sri Sadananda Tripathy nor has it been returned to the sender Sudarsan Patri as yet, then the sender-Complainant must be compensated by the Postal Department. The Complainant has alleged that Regd. parcel bearing No.C0028181492 IN dt. 01.11.2014 contained clothes worth Rs.4,724/-. In support of his case the Complainant has filed Xerox copy of Retail Invoice for Rs.1264.50 paise dt.27.09.2014, Retail Invoice for Rs.2373.10 paise dt.08.10.2014 and Retail Invoice for Rs.1092.50 paise granted by Shree Ashoka Fashion Shop, Bhadrak. Admittedly, the parcel in question sent by Complainant was not insured as required under Section 33 of Indian Post Office Act,1898. Had the parcel been insured for Rs.4,724/- by the Complainant, he was certainly entitled to get the sum insured. This has not been done in the instant case. Further, even though Section-6 of the Indian Post Office Act,1898 gives complete immunity to Postal Department as well as to its employees unless he had caused the same fraudulently or by his willful act or default but burden lies on O.Ps to prove that the Postal Department or none of its employees are guilty of fraud or willful act or default leading to non-delivery of registered parcel in question to the addressee or its sender. Here in the instant case the where about of registered parcel is not known? The case is now pending with Senior Superintendent Railway Mail (SSRM), SH Division, Saharanpur since 24.02.2015. The final reply has not been received from the destination despite reminders dated 02.03.2015, 03.03.2015 and 09.03.2015 made by O.Ps. It thus proves that the Postal Department or its employee are guilty of fraud or willful act or default leading to non-delivery of registered parcel in question. It is no doubt true that a postal employee may be made liable provided an action was brought against him and it was proved that he was guilty of fraud or willful act or default leading to the loss of the postal article or non-delivery thereof. When the registered parcel in question was dispatched to the next destination as per version of O.Ps without delay, then Senior Superintendent Railway Mail(SSRM), SH Division, Saharanpur should have fixed responsibility on the particular defaulting postal employee who committed fraud. But the said Senior Superintendent Railway Mail(SSRM), SH Division, Saharanpur is silent over the matter since 24.02.2015 which proves deficiency of service on the part of O.P-Postal Department. The O.Ps have relied on the decision of the Hon’ble National Commission in the case of Senior Postmaster, GPO Pune Vs. Akhil Bhartiya Grahak Panchayat and Another 1995(1) CCC 314(NS). In that case a registered parcel sent from Pune to Mau was lost in transit. It was not delivered to the addressee. The Hon’ble National Commission reversed the decision of the District Forum and State Commission holding that Section-6 bars the claim of the Complainant. In that case the Complainant failed to prove that that the Postal Department or its employee is guilty of fraud or willful act or default leading to non-delivery of registered parcel. However, when the Complainant had sent the Regd.Parcel containing shirt, pant, saree and dress worth Rs. Rs.4,724/- on 01.11.2014 by paying Rs.100/- to O.Ps and admittedly it was not insured, it would be just and proper if the O.Ps-Postal Department be directed to pay 50% of cost of the materials sent besides registered parcel cost. Accordingly, it is ordered:
O R D E R
In the result, the complaint is allowed in part against the O.Ps. The O.Ps are directed to refund Rs.100/- to the Complainant along with 50% of the cost of materials sent under registered parcel i.e.Rs.2,362/- towards compensation within 30 days of receipt of this order. Parties to bear their own costs.
