Haryana

Panchkula

CC/310/2020

SWATI - Complainant(s)

Versus

DEPARTMENT OF POST INDIA. - Opp.Party(s)

VIPUL SHARMA.

01 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	310 of 2020
Date of Institution	:	09.10.2020
Date of Decision	:	01.06.2022

 

 

Swati w/o  Rohit Rana, R/o House No.890, Sector-25, Panchkula, Haryana.

                                                                           ….Complainant

Versus

1.     Department of Post India, Ambala Division, Ambala Haryana -133001.

2.     The Postmaster, Head Pot Office, Sector-8, Panchkula.

3.     The Incharge, Sub-Post Office, Sector-4, Panchkula.

                                                                                       ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.

 

Before:              Sh. Satpal, President.

Dr. Pawan Kumar Saini, Member.

Dr. Sushma Garg, Member.

 

For the Parties:   Sh. Rohit Rana, Advocate for the complainant.

                        Sh. Rajesh Kumar, representative of OPs No.1 to 3.

 

                                        ORDER

(Satpal, President)

1.             The brief facts of the present complaint are that the complainant had availed the services of post office for sending “Rakhi” on the festival of Raksha-bandhan to her brother Shubham Chauhan who is living at New Zealand with Tracking ID:EH698790797IN, booked on 17.07.2020 at sub-post office, Sector-4, Panchkula through speed post by paying cost of Rs. 1168.20 since the festival was on 03.08.2020 with a belief that same will be delivered to her brother before the Festival date.  The complainant kept on making inquiries from brother with regard to receiving of Rakhi via post but same was not delivered at New Zealand uptill 30.07.2020 as such the complainant checked on the website with the tracking ID to get the status details and upon checking on the website of postal department, she came to know that her consignment/packet/parcel is lying at Mumbai since 27.07.2020. Again she checked and found that her parcel has not even received by her brother at New Zealand by 03.08.2020 then again she checked online and stauts of the consignment/parcel was same i.e at Mumabi. The non-delivery of parcel which was carrying Rakhi for her brother, had resulted in mental harassment of the complainant. The complainant had sent a legal notice dated 11.08.2020 on 17.08.2020 which was sent to the OPs. The OP No.1 had replied the same on 02.09.2020 that the complainant may recall the article as the same has been kept in deposit due to non availability of flights for Newzealand but the article will be sent to the destination country as and when the flight will be scheduled. It was also mentioned that if the article remains undelivered/lost, compensation will be issued as per Departmental rules. Due to the above said act and conduct on the part of the OPs, the complainant has suffered mental and physical agony, financial loss and harassment. The OPs have also committed deficiency in service and unfair trade practice; hence, the present complaint.   

2.             Upon notice, OPs No.1 to 3 appeared through authorized representative and filed written statement raising preliminary objections qua complaint is not maintainable being baseless and false; no locus-standi. On merits, it is stated that services of ordinary posts for some countries were temporarily suspended by the concerned Foreign Posts but speed-post services were intact depending upon the availability of flights during pandemic Covid-19. It is stated that as per letter no.22/1/2020-DA of Department of Posts under Ministry of Communication, all kinds of postal mails to foreign destination were delayed due to outbreak of Covid-19 and India Post may not be able to meet the delivery standards as prescribed in the Citizens Charter of Department of Posts which is available on public domain i.e. www.indiapost.gov.in. Intimation of the same was circulated to all the post offices and was clearly communicated to the general public during the routine course. The matter regarding non delivery of the said articles was taken up with Foreign Posts Delhi immediately on the receipt of the complaint and as per reply of Foreign Posts Delhi, the article was rightly dispatched to the destination country and the same was received at New Zealand on 29.09.2020 but on further enquiry it was revealed that the article was not delivered to its addressee and was declared lost in transit at the end of Newzealand posts. The complainant was informed about the facts vide this office letter dated 08.12.2020 that the article has been lost at the end of New Zealand posts and he may claim compensation a sper UPU Convention Rules.  The OP No.1 had replied on 02.09.2020 the legal notice dated 11.08.2020 sent by the complainant that the complainant may recall the article as the same has been kept in deposit due to non availability of flights for Newzealand but the article will be sent to the destination country as and when the flight will be scheduled. It was also mentioned that if the article remains undelivered/lost, compensation will be issued as per Departmental rules.  Due to pandemic of Covid-19 the said article could not be delivered timely, however, compensation as per UPU Convention rules i.e. postage paid and the declared value of the contend subject to upper ceiling of 30SDR may be refunded to the complainant. Claim Form has already been sent to the complainant but no response has been received as far. So, there is no deficiency in service and unfair trade of practice on the part of OPs No.1 to 3 and prayed for dismissal of the present complaint

3.             To prove her case, the ld.counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-4 in evidence and closed the evidence by making a separate statement. On the other hand, the ld. counsel for the OPs No.1 to 3 has tendered affidavit Annexure R-A alongwith documents as Annexure R-1 to R-7 and closed the evidence.

                During the course of arguments, Sh.Rajesh Kumar, representative of OPs No.1 to 3 has placed on record a letter dated 27.12.2021 issued by Government of India Ministry of Communications Department of Posts Dak Bhawan, Sansad Marg, New Delhi wherein the value of one SDR has been shown equivalent to 105.24 effective from 01.01.2022 and this said letter is taken on record as mark ‘A’ for the proper adjudication of the case.

4.             We have heard the learned counsel for the complainant and authorized representative of OPs No.1 to 3, considered the written arguments filed by the learned counsel for complainant and gone through the record minutely and carefully.

5.             Admittedly, a parcel, allegedly, containing a rakhi was booked on 17.07.2020 by the complainant vide postal receipt(Annexure C-1) for delivery of the same through speed post to the brother of the complainant, who was residing at New Zealand. It is also not in dispute that the said parcel was lost in transit and thus, it was neither delivered to the brother of the complainant nor it was returned back to the complainant. The grievances of the complainant are that she had booked the said parcel containing a rakhi on the assurances of OP No.3 that there was no problem in the delivery of the postal article sent through speed post. It is contended on behalf of the complainant that the emotional feelings and sentiments of the complainant had got hurt due to of non delivery of the parcel containing, Rakhi, to her brother on or prior to the festival of the Raksha-Bandhan on 03.08.2020. It is contended that the complainant had attached a lot of emotional and sentimental attachment with the celebration of Raksha-Bandhan and thus, she is entitled to be adequately compensated on account of mental agony and physical harassment.

6.             The OPs denying any lapse and deficiency on their part has cited the reason of Covid-19, which affected the services in timely delivery of the items. However, it is admitted that the postal charges along with declared value of the item, contained in the parcel, subject to upper ceiling of 30 SDR(1SDR=Rs.105.2438) as per UPU Convention Rules, for non delivery of the article, may be claimed by the complainant on submission of the original receipt and claim form. It is contended by the Authorised representative of the OPs that claim form was sent to the complainant as averred in para no.14 of the written statement but no response was received from the complainant and thus, the complaint is liable to be dismissed.

7.             Since the parcel booked by the complainant on 17.07.2020 was lost in transit, the OPs were deficient while rendering services to the complainant; hence the complainant is entitled to be duly compensated.

                As per letter dated 08.12.2020 written by OP No.1 to the complainant(Annexure R/6), the complainant was asked to send original receipt of booking and invoices alongwith claim form so that compensation could be processed. It is not the case of the complainant that the claim form duly filled up by her was ever sent to the OPs; thus, the OPs cannot be directed to make the payment of cost price of Rakhi to the complainant. However, the complainant is entitled to the refund of amount subject to upper ceiling of 30 SDR(1SDR=Rs.105.2438) as per UPU Convention Rules, for non delivery of the article as the factum of article lost in transit is an admitted fact. Further, the complainant is entitled to due compensation on account of mental agony and physical harassment as the Ops had failed to deliver the parcel on or before the festival of Raksha-Bandhan falling on 03.08.2020. Needless to mention here that the festival of Raksha-Bandhan is celebrated in India with great pomp and show and on this occasion, a Rakhi is tied by the sister on the wrist on his brother out of love and affection between them and on this occasion, sister prays for the good health and happiness of his brother in lieu of protection to be provided by his brother to her. And thus, lot of emotional significance is attached to the celebration of this festival.  Keeping the facts and circumstances of the present case, the compensation of Rs.3,000/- on account of mental agony and physical harassment would be adequate and sufficient to the complainant on account of mental agony and physical harassment suffered by her due to  non-delivery of rakhi to her brother.

8.             As a result of the above discussion, we partly allow the present complaint with the following directions to the OPs:-

1. To pay a sum of Rs.3,157/- to the complainant as admissible under UPU Convention Rules along with interest @ 9% per annum w.e.f. the date of filing of this complaint till its realization.

 

2. To pay a lump sum amount of Rs.3,000/- to the complainant on account of mental agony, harassment and litigation expenses.

               

9.             The OPs No.1 to 3 shall comply with the order within a period of 45 days from the date of communication of copy of this order failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs No.1 to 3. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.

Announced:01.06.2022

 

 

Dr.Sushma Garg         Dr. Pawan Kumar Saini         Satpal

                Member                 Member                         President

 

Note: Each and every page of this order has been duly signed by me.

 

  Satpal                             

 President