Haryana

StateCommission

A/49/2017

YOGESH BHARGAV - Complainant(s)

Versus

CHIEF POST MASTER GENERAL - Opp.Party(s)

VISHAL GOEL

30 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :     49 of 2017

Date of Institution:   16.01.2017  

Date of Decision :    30.01.2017  

 

1.      Yogesh Bhargav s/o Sh. Mahabir Parshad Bhargav

2.      Shweta Sharma w/o Sh. Yogesh Bhargav s/o Sh. Mahabir Parshad Bhargav,

          Residents of Sharma Hospital, Gurudwara Road, Ellenabad, District Sirsa now residing at Christ Chruch, New Zeeland through Shri Mahabir Parshad Bhargav Power of Attorney holder of Yogesh and Shweta, Resident of Sharma Hospital, Gurudwara Road, Ellenabad, District Sirsa.

                                                Appellants-Complainants

Versus

1.      Chief Post Master General, Delhi Circle, Meghdut Bhawan, New Delhi.

2.      Chief Post Master General, Rohtak Circle/Division, Rohtak.

3.      Head Post Master, Main Post Office, near Lal Bhatti Chowk, Sirsa.

                                      Respondents-Opposite Parties

 

CORAM:             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Argued by:          Shri Vishal Goel, Advocate for appellants.       

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

          This complainants’ appeal is directed against the order dated December 15^th, 2016 passed by District Consumer Disputes Redressal Forum, Sirsa (for short ‘the District Forum’) for enhancement of compensation.

2.                Yogesh Bhargav-complainant/appellant No.1 is Non Resident Indian (NRI) working in Alpine Motor-Inn & Café, Springs Junction Westcoast, New Zealand. He came to India for his marriage which was solemnized with Shweta Sharma-complainant No.2 on 19^th May, 2015. The complainants applied for Visa for Shweta Sharma-complainant No.2. The Embassy of New Zealand having its branch at Delhi issued Visa and sent the same through speed post dated 8^th July, 2015 at the address of complainants at Ellenabad. The complainants have already got their air tickets booked from India to New Zealand for 20^th July, 2015. However, the Visa was not delivered to the complainants up to 20^th July, 2015. It was alleged that due to non-delivery of Visa of Shweta Sharma, the complainant No.1 could not reach at New Zealand in time, that is, within the period of his sanctioned leave due to which he was thrown out of the job by his employer.  Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed before the District Forum.

3.                The opposite parties-respondents in their written version stated that the Speed Post Article was delivered at the given address on 23^rd July, 2015 and there was no deficiency in service on their part.

4.                After evaluating the pleadings and evidence of the parties, the District Forum vide impugned order allowed complaint directing the opposite parties to pay compensation of Rs.5,000/- to the complainants within two months from the date of receipt of the copy of the order failing which the awarded amount shall fetch interest @ 9% per annum.

5.                In the considered view of this Commission no case for enhancement of compensation is made out.  Undisputedly; the Speed Post Article was delivered to the complainants on 23^rd July, 2015.  So, the compensation of Rs.5,000/ awarded to the complainants is just and no case for enhancement is made out.

6.                Hence, the appeal fails. It is dismissed.

 

Announced: 30.01.2017

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

CL