Complaint Case No.1 of 2014
Shri . Oinam Dhiren Singh aged about 34 years
s/o O.Apabi Singh Oinam Ushak Khangdabi
Makha Leikai,P.O. &P.S.Nambol,Bishnupur District
……. Complainant
-Vs-
1.Branch Post Master , Branch Post Master , Oinam.
…….Respondent
2.Sub-Post Master , Post Office , Nambol,
3.Directoral General , Post Service , Manipur Division.
…….Proforma Respondents
P R E S E N T S
SHRI. Y. BIRAMANI SINGH President , Consumer Dispute Redressal
Forum ,Bishnupur District,Manipur
SHRI. L. RAMESHORE SINGH Member,
SMT. S. SADHANA DEVI Member,
For the Complainant Y.Ramananda,I.Kala,Th.Sudhir and
L.Praneshori Devi,Advocates.
For the Respondents M.Kullachandra, M.Mohen,AshaKiran,
Monorama and Rejajuddin,Advocates .
Date of Argument 25/4/2014 and 12/5/2014
Date of Order 30/5/2014
Cont……….
O R D E R
30th MAY 2014
This is a complainant case filed by the complainant Shri Oinam Dhiren Singh U/S 12 of the Consumer Act , 1986 against the respondents.
The allegation of the complainant is that the complainant applied for the post of Junior Assistant cum Typist of Indira Gandhi National Open University(IGNOU) and passed the written examination held on 17th February,2013 and listed in SL.No.431 in OBC category.The complainant was informed for typing test to be held on 23/6/2013 at Don Bosco Technical Institute,New Delhi.But, the complainant did not received any call letter from IGNOU.On enquiry the complainant came to know that the call letter was sent to the complainant on 31st May,2013 through speed post bearing No.ED037556043 IN.
On further enquiry the complainant came to know that the said speed post Letter was reached at Imphal Head Post Office on 8/6/2013 from New Delhi and dispatched the same to Nambol Sub-Post Office on the same day.The Nambol Sub-Post Office again dispatched the said SPA letter to the Branch Post Office,Oinam on 10/6/2013 however the said letter was not traceable and missing.
Hence, this complaint petition.
The respondent contested the case by filling written statement.
Heared the arguments of the respective counsels of both the parties at length.
The complainant have submitted the following documents in support of his case.
1.Letter regarding the supply of information from IGNOU addressed to the complaint along
with duplicate provisional call letter.
2.Despatched slip of speed post letter bearing No.ED-037556043 IN dated 5/6/2013
From Sub-post Master,Nambol to the Branch Post Master,Oinam.
3.Leteer addressed to the complainant sent by the Directoral Postal Service , Manipur in connection with the SPA No.ED 037556043 IN.
4.Attested copy of the Typing certificate issued by the ALENO TYPE WRITING INSTITUTE ,
NAMBOL.
The Ld.Counsel for the complainant has contended that the lost of the SPA letter was caused due to negligence , willful act of default and deficiency of service on the part of the respondent No.1,Branch Post Master , Oinam.Therefore the respondent No.1 is liable to compensate for the lost sustained to the complainant as a result of the willful acts committed by her.
On the other hand Ld.Counsel for the respondents has contended that the said SPA letter was lost due to confusion,sudden and compelling circumstances and the post master oinam branch did nothing illegal or unwanted actions intentionally for causing the lost of the SPA letter.
Cont……
The Ld.Counsel further summitted that the numbers of letters ,parcels are being sent every day by postal department from one place to another inside and outside the country and naturally there must be some letters or parcels are lost on the way.
The Ld. Counsel for the respondents further submitted that the respondents are not liable under Section 6 of the Indian Postal Office Act.1898 which gives the complete immunity to the Government and its employees except in the case specified there in.
On perusal of the documents and allegation made by both parties, we are the opinion that in this present case the section 6 of the Indian Post Office Act is not applicable.It is evident from the record that on 10/6/2013 the said SPA letter bearing No.ED 037556043 IN dated 5/6/2013 sent by IGNOU,New Delhi was dispatched to Oinam Branch Post Office from Nambol Sub-post Office but lost before delivery from the custody of the Branch Post Master on her way to her branch office.Our observation is that how it can be possible to lost only the particular SPA letter out of the whole SPA letters which was entrusted to her.Further it can not be said that the SPA letter was lost in course of transmission.As a result of the willful act committed by her , she is liable to compensate for the lost sustained by the complainant. The complainant had lost his great opportunity for getting a job in his life.
In the result the respondent No.1 is liable to pay a sum of Rs.1,00,000/-(Rupees one lac) to the complainant as compensation for the lost of SPA(call) letter within 30 days from the date of order.
Announced.
Y. Biramani Singh , President
L. Rameshore Singh , Member
S . Sadhana Devi , Member
District Consumer Dispute Redressal Forum,
Bishnupur District ,Manipur
