Orissa

Cuttak

CC/83/2016

Pramod Kumar Das - Complainant(s)

Versus

Chief Post Master General,Odisha - Opp.Party(s)

Self

26 Oct 2016

ORDER

 

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                C.C No.83/2016

 

Sri Pramod Kumar Das,

Vill/PO:Pasulunda,P.S:Kuanpal,

Dist:Cuttack.                                                                               … Complainant.

 

Vrs.

1.        Chief Post Master General,

Odisha,Bhubaneswsar.

 

2.        Supdt. Of Post Offices(North Division),

Cantonment Road,Cuttack.

 

3.        Sub Post Master, Sub Post Office,

KKuanpala.

 

4.        Post Master,Sub Post Office Old Town,.

Nayagarh.

 

5.         Ushamani Mishra,

C/o: Sub Post Master,Nayagarh,

Dist:Nayagarh.… Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   28.06.2016

Date of Order: 26.10.2016

 

For the complainant   :      Self.

For the O.Ps.                :      Sri H.S.Panda,Advocate& Associates.

 

Mr. Bichitra Nanda Tripathy, Member.

                                                               

                The complaint is against the O.Ps for deficiency in service.

1. Shortly the complaint is as follows:

1. The complainant send an eMO of Rs.500/- from Kuanpal Suib-Post Office on 5.5.2015 payable one Surendra Kumar Pattnaik,Gopinath Sahi,Nayagarh Towh.Dist:Nayagarh vide Kuanpal Sub-Post Office receipt No.084924150505001506 dt.5.5.2015.
2. Although the said EMO was payable to one Surendra Kumar Pattnaik,Goppunath Sahi, it was paid to one Ushamani Mishra,Lenkudipada by the O.P.4 as ascertained from acknowledgement receipt of the payee.(Annexure-1).
3. On 12.6.2015 the complainant reported the matter to O.P.2 (Annexure-2/1) and the O.P.2 replied vide his letter No.75300-03244 dt.18.6.15 that the matter is under enquiry (Annexure-2/2).
4. The O.P.2 again intimated the complainant on 24.6.2015 that the matter was under enquiry at Puri and will be intimated to the complainant as soon as the enquiry process is over (Annexure-3).
5. On 5.8.2015 the matter was again intimated by the complainant to the Director of Postal Services, Office of the Chief Post Master General,Odisha Circle,Bhubaneswar(Annexure-4/1) who in turn intimated  vide his letter No.PG/26-52/2015 dt.14.8.15 to Supdt. Of Post Office, North Division, Cuttack to settle the matter immediately under intimation to complainant. (Annexure-4/2).
6. Again on 15.10.15 the complainant lodged a complaint before O.P.2 and requested him to settle the matter within a period of ten days failing which the complainant will be compelled to seek Redressal before the Hon’ble Court (Annexure-5/1).  The Post Master General (O.P.1) replied vide his letter No.PG/26-52/2015 dt.27.10.15 to enquire into the matter immediately (Annexure-5/2) but till date no action has been taken by the Postal Department.
7. Finding no other way, the complainant has filed this suit under this Hon’ble Forum.  He has prayed to direct the O.Ps for refund of Rs.500/- as send by eMO and also to pay a sum of Rs.20,000/- towards mental agony and harassment.

2. O.P.5 in her written version dt.25.8.16 has admitted that on 5.5.15 she had received the above eMO from O.P.4 through the post peon but latter on she came to know that the said eMO was not meant for her.  She had refunded the said amount to O.P.4 on 5.8.2016.
3. a)  O.Ps.1,2,3 & 4 vide their written version dt.21.9.16 has admitted that the above eMO was payable to Sri Surendra Kumar Pattnaik.  They received the complaint dt.12.6.16 from Sri Pramod Kumar Das on 15.6.16 and came to know that the said EMO was paid to Smt. Ushamani Mishra.

2. They have also admitted regarding the subsequent complaints lodged by the complainant.  The matter was enquired by the Superintendent of Puri Post Office who submitted the enquiry report on 26.8.16.  It is further stated that the EMO was erroneously paid to Smt. Ushmani Misha and after  such wrong payment was established, the amount was recovered for payment to the actual payee Sri Surendra Kumar Pattnaik.  But Sri Surendra Kumar Pattnaik refused to accept such payment of said EMO on 17.5.2016 when the post peon intended to pay the above EMO amount to him as instructed by O.P.4.
3. They have further stated that as per rule-269 of Postal Manual vol.VI, Part-1 there is a clear mention that when a money order is paid to a wrong person, it may be recovered and payment made subsequently to the actual payee (Annexure-R/2).  As per Section-48(C) of Indian Post Office Act,1998 when there is no willful act and follow up action taken in good faith the Department of Posts is exempted from any liability (Annexure-R/3).

4. We have gone through the case carefully and perused the documents as submitted by the complainant and as well as by the O.Ps minutely and we have observed as follows:

1. That the said eMO of Rs.500/- bearing No.084924150505001606 dt.5.5.15 was payable to Sri Surendra Kumar Pattnaik at Gopinath Sahi,Nayagarh Town,Nayagarh-752009.
2. In spite of the clear address of the payee given by the complainant, the money order was wrongly paid to one Ushamani   Mishra of Lenkudipada on 5.5.2015.
3. When the complainant lodged the complaint with Postal authorities, the matter was subsequently enquired and the Superintendent of Post Offices, Puri Division submitted the enquiry report on 26.8.16 and from the above report it was established that the amount of EMO was wrongly paid to Smt. Ushamani Mishra.
4. On 17.5.16 i.e. before submission of such enquiry report of Superintendent of Post Office,Puri District, the O.P.4 wanted to refund the payee the amount of eMO i.e. Rs.500/- who refused to receive such amount.  This indicates that O.P.4 was aware regarding the wrongful payment of said eMO which was paid to Smt. Ushamani Mishra instead of Surendra Kumar Pattnaik.
5. The Postal officials are supposed to know the local people and are supposed to make payment to the actual payee and not to any one they can as per their suit will.  In this case the amount was payable to Sri Surendra Kumar Pattnaik of Gopinath Sahi who is a male whereas it was paid to Smt. Ushamani Mishra of Lenkudipada who is a female, in spite of the clear address of the actual payee given by complainant (who had booked the eMO).  There is no similarity in the name, address, gender between the actual payee and to whom the amount was wrongly paid.  This indicates a careless and casual attitude of the postal officials and also indicates that they have not discharged their duty in good faith and without negligence.

5. From the facts and circumstances as stated above, we conclude that such a payment to a wrongful person is intentional and also for the reasons best known to the O.P.4.

Hence to meet the ends of justice, we allow the case against O.P.4 for their casual and careless attitude in paying the above eMO to a wrong person which amounts to deficiency in service.                                                     ORDER

The O.P.4 will refund the eMO amount of Rs.500/- to the complainant.  O.P.4 will also pay a sum of Rs.2000/- to the complainant towards mental agony and harassment.

The prayer made by the complainant to pay a sum of Rs.20,000/- towards mental agony and harassment is not sustainable under the facts and circumstances of the present case.

The above payments to the complainant must be completed within a period of 45 days from the date of receipt of this order failing which the complainant is at liberty to take shelter of this Hon’ble Forum as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 26^th   day of October, 2016 under the seal and signature of this Forum.

   (Sri B.N.Tripathy )

                                                                                                                      Member.

 

                                                                                                                 (Sri D.C.Barik)

                                                                                                                       President.

 

 

                                                                                                              (Smt. Sarmistha Nath) 

                                                                                                         Member(W).