14....12.02.2021.....
Toady is fixed for delivery of final order. Final order containing 2 pages is ready. It is sealed, signed and delivered in open Forum.
Hence , it is ordered,
ORDEERED
That the complaint case be and the same is hereby allowed ex-parte against the O.P without cost.
The O.P is directed to pay Rs.1,088/- as cost of sending 4 letters and compensation to the complainant by 60 days from the date of this final order.
Let a copy of this order be supplied to the parties free of cost.
The final order may also be available in the following website :confonet.nic.in.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 189 OF 2019
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
15.11.2019 25.11.2019 12.02.2021
Present : President : Asish Kumar Senapati
Member: Jagdish Chandra Barman
COMPLAINANT : Ajay Kumar Chakrabarti (74+ years), S/o – Late Anadi Bhusan Chakrabarti, Vill. & P.O. – Champahati, P.S. - Baruipur , Dist. South 24-Parganas, Pin – 743330.
Versus
O.P/O.Ps : The Post Master, Baruipur, P.O. – Baruipur, Dist. - South 24-Parganas, Kolkata – 700 144.
Ld. Lawyer for the complainant : Ajay Kumar Chakrabarti
Ld. Lawyer for the O.Ps :
Sri Asish Kumar Senapati, President
This is a complaint filed by one Ajay Kumar Chakrabarty ( hereinafter referred to as the complainant) against the Post Master, Baruipur Post Office praying for compensation and cost alleging unfair trade practice against the O.P.
The sum and substance of the complaint is as follows:
The complainant, being a senior citizen, sent 4 registered letters with AD from the office of the O.P. No. 1 on 15.07.2019 but neither any of the letters had been delivered to the addressees or returned to him. The complainant has claimed cost of 4 registered letters amounting Rs. 88/-, harassment cost of Rs. 10,000/- and litigation cost of Rs. 10,000/- against the O.P.
The case was instituted on 15.11.2019 and admitted on 25.11.2019. The O.P. did not turn up in spite of service of notice. Hence, the case has been proceeded ex-parte against the O.P. The complainant also filed evidence on affidavit on 17.12.2020 in support of his claim.
It is the allegation of the complainant that the O.P. neither delivered any of the letters nor returned the registered letters to him. We have gone through the written complaint, evidence and the original 4 postal receipts and a copy of letter dt 05.08.19 received by the O.P. The O.P. neither appeared nor filed any W.V. denying the claim of the complainant. The Ld. Advocate for the complainant submits that O.P. has unfair trade practice. on perusal of the written complaint , evidence and the 4 postal receipts and a copy of letter dt 05.08.19 received by the O.P, We find that the complainant sent 4 letters by registered post with AD on 15.07.2019. It is the version of the complainant that the O.P. did not intimate him about service / non-service of the letters in spite of receipt of letter dated05.08.19. On a careful consideration, we are of the considered view that the O.P. is duty bound either to cause service of the letters or to return the letters to the address if not served. In the present case, the O.P. did not perform his part of duty which tantamounts to deficiency in service. The O.P. had not responded to the letter dated 05.08.19. In our considered opinion, the complainant is entitled to get back cost of Rs. 88/- i.e. cost of the 4 registered letters and Rs. 1000/- for harassment, mental agony.
In the result, the complaint case succeeds in part.
Hence,
ORDEERED
That the complaint case be and the same is hereby allowed ex-parte against the O.P without cost.
The O.P is directed to pay Rs.1,088/- as cost of sending 4 letters and compensation to the complainant by 60 days from the date of this final order.
Let a copy of this order be supplied to the parties free of cost.
The final order may also be available in the following website :confonet.nic.in.
Dictated and corrected by me
