Adv. For the Complainant: - Self
Adv. For O.P :- Sri N.K.Tripathy and associate(AGP)
Date of filing of the Case :-12.11.2020
Date of Order :- 29.11.2022
JUDGEMENT
Smt. Jyotshna Rani Mishra, Member
Facts of the case in nutshell:-
1. The complainant is a lecturer by profession. His son was taking coaching for joint Entrance Examination at Kota, Rajasthan, who is a Diabetic patient and has been under treatment of Special medicine. Which is not available frequently anywhere. He went there since the year 2019 in the time of Covid.
2. The complainant received a call them his above noted son on dt. 24th August 2020 that his medicine was about to finish and need to be sent immediately and also stated that
is mobile phone has been damaged. So complainant purchased medicine on dt.26.08.2020
utility article on dt. 27.08.2020 to send the same to his son. Complainant packed a parcel containing medicine, mobile phone, Food stuff and utility article. He booked the parcel at
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Bolangir Main post Office on dt. 28.08.2020 destined to Thermal Colony, Kota, Rajasthan, where was residing. The Total cost of parcel cost of parcel is about Rs. 18,500/- only. As the medicine and mobile s necessary to reach quickly for his son Complainant send the Parcel in Speed Post Immense trust over the OP that the parcel would be arrived at earliest. So that his son will get the medicine in right time . The cost of speed Post for parcel is Rs.318/- only was paid by the complainant . Complainant was in relax mood and parcel would arrive whining a week and his son can take his medicine in right time.
3 Parcel could not reach at its destination in time. The complainant waited for 1 month about to reaching of parcel to his son and thought that there is lock down throughout India due to Nobel corona Virus. After that complainant approach OP on dt.28.09.2020. OP assured that his parcel deliver as soon as they will try their best and suggest for Complain. Complainant complained vide complain No.2000503506 because complainant worry about medicine of his son, Because medicine is very necessary for his son and medicine cannot be availed frequently. There was Lock down throughout Kota, Rajasthan due to Corona Virus and his son suffering from diabetic.
4. That in the mean time he was suffering much from diabetic without medicine, he was serious and could not move outside and search for medicine and purchase mobile with other article. As such the complainant complaint vide complainant No Dpost/E/2020/36752 on dt.30.09.2020 under the purview of department of OP. The parcel could not reach to the destination till dat. He called complainant the he would not live any more without medicine and of if possible he should be taken to hospital or home where proper care can be taken. So complainant without delaying on dt.08.10.2020 complainant hired a private vehicle and brought his son from Kota, Rajasthan to took care of him. The cost of hiring vehicle is Rs,40,000/- only
To substantiating his case has relied upon following document
1. Medicine Bill
2. Mobile Bill
3. Car Rental Receipt
4. Speed Post Acknowledgement Receipt
Having gone through the complainant it is accompanied documents is found genuine hence admitted the case issue notice to the Op served and in response the Op appeared through his counsel and filed written version.
The rival contention as per their version it is denied all the contents to counter the complain the OP stated that the complain not maintainable
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1 Op is the administrative head of Bolangir Posts, Ministry of communication Govt. of India and entrusted to ensure delivery of postal service in his judicial jurisdiction. So never done any deficiency in service that complainant brought allegation against OP.
2. Complainant did not intimate to the OP regarding contests of Parcel packed during packing which should be as per guideline laid down in circular No.30-01-12020D dt.03.06.2020.
During Pandemic induced by Covid -19 special instruction for transmission of parcel containing medicine / medical equipment and also a Insurance facility is available in website India post.gov.in in to arrived at destination without any damage and insurance amount could have paid to him if the article is lost or damaged.
3. Op has fully helped he complainant by giving correspondence to the concerned office.
4. Complainant not acted as a educated person and missed the special facility. So OP is not at all responsible for cost of vehicle hired by complainant and so far so causal stress and mental agony suffered by petitioner in any way.
Heard both the parties having gone though the case that the complainant is that he hired the services of the OP by sending some important medicine, Mobile Phone and Food stuff utility article worth rs.18,500/- vide speed post which cost Rs.318/- and the said parcel not reached at destination, Kota, Rajasthan on time. Thereafter the parcel was returned back to the Bolangir Post office in tempered condition. As per the case of complainant safe delivery of the parcel was responsibility of the OP.
Stand taken by the OP is that contents and value of the postal article were not disclosed by the complainant and complainant sent the alleged valuable by violating the speed post rules. After going through the facts of the case were opinion that if contents of the parcel were not disclosed by the complainant it was open for OP to insist the complainant to disclose the same. No such effort was made by the OP, Further there is a duty cast upon the postal authorities to delivers the consignment to the consigned in its having accepted the same after collection the requisite charges . The consignment was in the custody of the Postal department and requisite fee was also paid for its safe delivery but the OP miserably failed to perform its duties properly and parcel was retuned back to complainant in tempered condition.
ORDER
In the view of above in detail I observed that present complainant deserved to succeed due to deficiency in service. And as such he has suffered mental and physical and
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financial harassment and deserved to be suitably compensation on that score . Opposite party liable to compensate him. Op is directed as under:-
1 To pay Rs.20,000/- to the complainant towards value of goods send through Speed post.
2 To pay Rs.30,000/- for mental agony and physical harassment caused to the complainant.
3. Hiring Charges Rs.40,000/- Litigation Rs.1000/-.
4. This Order be complied with OP within one month from the date of receipt of its certified copy. Failing which it shall make payment of amount mentioned above within 12% interest per annum from date of filling the present complainant till realization.
PRONOUNCED IN THE OPEN COMMISSION TO-DAY 29th day of November‘2022. . Sd/- Sd/-
(R.K.TRIPATHY) (J.MISHRA)
PRESIDENT(I/C) MEMBER.
