Orissa

StateCommission

A/454/2014

Post Master, Bolangir, - Complainant(s)

Versus

Arakhita Senapati - Opp.Party(s)

Mr. A. Pradhan

02 Mar 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/454/2014
( Date of Filing : 07 Aug 2014 )
(Arisen out of Order Dated 15/06/2014 in Case No. CC/26/2013 of District Balangir)
 
1. Post Master, Bolangir,
Head Post Office, Bolangir, Odisha.
2. Superintendent of Post Office
Bolangir Division, Bolangir.
...........Appellant(s)
Versus
1. Arakhita Senapati
S/o- Late Purnanda Senapati, Retd. V.A.W.-cum-E.O. , Badangonmunda Gram Panchayat, Badangomunda, Tusta, Bolangir, Odisha.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:Mr. A. Pradhan, Advocate for the Appellant 1
 M/s. B.K. Parida & Assoc., Advocate for the Respondent 1
Dated : 02 Mar 2023
Final Order / Judgement

 

        Learned Central Govt. Counsel is present for the appellants and files additional affidavit.  Heard learned Central Govt. Counsel for the appellants. None appears for the respondent.

2.     This appeal is filed u/s 15 of the Consumer Protection Act (hereinafter called the ‘Act’ in short). Parties hereinafter were arrayed as the complainants and OPs as per their nomenclature before the learned District Forum.

3.     The only allegation in this case is that the complainant has sent a registered letter on 26.7.2012 through Head Post Office, Bolangir by paying postal charges of Rs.30/- but the A.D.  did not reach. Therefore, he filed the complaint case.

4.     The OPs took the plea that even if AD has not returned but letter has reached on 28.7.2012 to the addressee, there is no deficiency in service on their part.

5.     It is submitted by the learned counsel for the appellants that the learned District Forum without considering the facts and circumstances of the case has imposed compensation and cost on the OPs. He submitted the additionalaffidavit to prove the case of the OPs.

6.     We have gone through the affidavit and found that the letter has been despatched on 26.7.2012 and it has delivered on 28.7.2012 to the addressee. In view of such affidavit and fact that the letter has already been received by the addressee, we hereby set aside the impugned order and allow the appeal., No cost.

        DFR be sent back forthwith.

        Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudhiralaxmi Pattnaik]
MEMBER
 

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