The record is placed before us for passing final order.
It will not out of place to mention here that this case was filed by
Smt. Lipi Mohanta(Roy) representing her minor son Master Priyam Mohanta.
Complainant’s case in short is that as per proforma received from the the Christian Medical College, Vellore, she sent one cover containing application form seeking appointment with one Child Specialist and Orthopaedician together with two drafts of Rs.630/- and Rs.540/- respectively. The letter/cover was booked through Maynaguri Sub- Post Office on 17/08/13 vide receipt no. EW869578325IN through Speed post Service. That letter/cover was addressed to the Head, Out Patient Service, Christian Medical College Vellore Pin.-632004. It is alleged by the complainant that the said letter should reach its destination and delivered within 4 to 6 days in maximum as per rules of Postal Department but the aforesaid letter/cover was delivered to the addressee i.e. Head Out Patient Service Christian Medical College Vellore on 20/09/2013 i.e. after lapse of 33 days. For non-receipt of that letter/ application for appointment together with draft as fees caused the treatment of the son of the complainant delayed and also caused anxiety and serious mental strain upon the complainant.
The complainant has prayed for refund of Speed-Post Fees, compensation for mental injury caused by deficiency of service, litigation cost etc.
The O.Ps are contesting the case /application by filing a written objection denying and disputing inter-alia the material allegations made against them by the complainant. They have challenged the maintainability of the case on various technical grounds. They have prayed for rejection of the case/ application.
POINTS FOR CONSIDERATION
- Is the case/ application maintainable as alleged?
- Is the complainant a consumer as per provision of Sec.2(d) of Consumer Protection Act.1986?
- Was there any deficiency of service on the part of the O.Ps. as alleged?
- Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
All four points are taken up together for consideration and decision for the sake of convenience.
Seen and perused the complaint and the written objection filed by the O.Ps. and the document filed by the complainant namely the copy of Speed Post delivery time schedule and the Track Result of: EW869578325IN. The O.Ps. didn’t file any document.
The O.Ps. have challenged the maintainability of the case on the ground that the complainant had no cause of action and that the application is bad for nonjoinder of necessary parties. But this point was not raised at the time of hearing of the case/ application. However after due consideration of the submissions made by the Ld.Lawyers and the materials on record we find and hold that this application/case is not bad for nonjoinder of necessary parties as the persons who are responsible for causing delay of treatment of complainant’s son are made parties. That apart this case/ application consists of bundle of facts. It suggests that the complainant had cause of action to file this case.
There is no doubt that the complainant booked the letter/ cover on 17/08/13 through the Speed Post Service addressed to the Head, Out Patient Service, Christian Medical College Vellore through Maynaguri Sub- Post Office and for this she had to pay the requisite Speed Post Fees of Rs.39/-. Therefore as per provision of Sec 2(d) of the C.P.Act 1986 the complainant was/is a consumer.
From the Postal documents filed by the complainant namely the Speed Post Delivery Time Schedule and the Track Result EW869578325IN, it is very much clear that the complainant booked the letter with Maynaguri Sub- Post Office on 17/08/13 for delivery at Vellore H.O. and that letter was delivered on 20/09/13 at Vellore and that the time limit of the service by Speed Post is 2 days between Metro Cities and Local and 4 to 6 days for rest of India. Therefore we have no hesitation to hold that the letter/cover which was booked by the complainant on 17/08/13 through Speed Post Service for delivery at Christian Medical College, Vellore was delivered on 20/09/13 i.e. after lapse of 33days instead of
4 to 6 days. So there was serious latches and deficiency of service on the part of the Postal Department i.e. the O.Ps. and they are solely responsible for this inordinate delay of service of the letter/ cover booked by the complainant for appointment of Child Specialist and Orthopaedician for treatment of her minor son.
From the discussions made herein before we may safely come to this conclusion that the complainant is entitled to get refund of the Speed Post fees of Rs.39/- and compensation for her mental agony for deficiency of service by the O.Ps. at Rs.2000/- and Rs.1000/- towards litigation cost.
All four points are disposed off. In the result the case/application succeeds.
Hence, it is
ORDERED
that the case/ application is allowed on contest with cost of Rs.1000(litigation cost mentioned above). The complainant is also entitled to get refund of Speed-Post fees of Rs.39/-.She is further entitled to get compensation of Rs.2000/- only and the cost mentioned above.
The O.Ps. are hereby directed to pay the aforesaid refund of the Speed-Post Fees, compensation and litigation cost within 2(two) months from the date hereof failing which the complainant shall be at liberty to realize the same through execution in accordance with law.
