Order-15.

Date-14/07/2015.

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that complainant is resodomg at 76/5/1, Nirupama Devi Road, Baharampur, Dist-Murshidabad and complainant sent 6 letters by speed post and 4 letters by registered post through Head Post Office, Baharampur namely RW155910729 dated 11-06-2014, RW155910715 dated 11-06-2014, RW155910701 dated 11-06-2014, RW155910692 dated 11-06-2014, EW046706863 dated 01-07-2014, EW046706625 dated 01-07-2014, EW046708277 dated 03-07-2014, EW253353420 dated 26-06-2014, EW046706758 dated 01-07-2014 and EW253353274 dated 26-06-2014 but subsequently complainant came to the customer section of the Head Post Office, Baharampur, on 05-07-2014 for status report of the aforesaid letters but the employees of the said section did not submit status report over to the complainant and behaved badly against the complainant and no doubt the complainant is the customer of the Department of Post, India, Office of the Superintendent of Post Office, Murshidabad Division, Baharampur and as such he has right to get the status report of the aforesaid letter complainant communicated to the OP by a letter dated 08-07-2014 and 21-07-2014 on non-delivery of aforesaid letters and non-cooperation and bad behaviour of the official of Head Post Office, Baharampur and Superintendent of Post Office, Murshidabad Division communicated to the complainant by a letter dated 24-07-2014 that the complaint of the complainant for non-delivery of 6 speed post and 4 registered letter etc. was under enquiry and result of the enquiry would be sent to the complainant very soon but to no effect.  Subsequently, the Assistat Director of Postal Services, Office of the Chief Post Master General, W.B. Circle, Kolkata-12 communicated to the Spos. Murshidabad Deivision that a copy of the complaint of the complainant is sent for immediate enquiry but to no effect.  A notice was given to the OP dated 26-09-2014 in this respect even though no effect.  Complainant followed all paths but failed to get any service from the OP and in this circumstances, OP’s negligent, deficient manner of service complainant filed this complaint to this Forum praying for redressal.

          On the other hand, OP, Superintendent of Post Office by filing written statement submitted that there is no cause of action to bring the instant suit against the present OP.  Complainant is not a consumer and the case is non-joinder and mis-joinder of parties but it is specifically submitted that there was no negligence or deficiency on the part of the OP.  No doubt complainant sent 10 items by registered post and out of that results of the 7 items were communicated but status of 3 articles would not be available so, he asked to wait, no mis-behaviour was shown on the part of the postal authority.  Postal authority by its letter dated 21-11-2014 asked the complainant to be present at his office but the applicant did not present to that effect at all and ultimately filed this complaint and it is further submitted that Superintendent of Post Office, Murshidabad communicated to the complainant by letter dated 24-07-2014 informed the complainant that the proceeding is going on and result of enquiry will be sent very soon and delivery status of available 7 items were furnished to the complainant and the same was furnished on 09-10-2014 to the complainant in respect of three items, department is ready to pay the compensation as per postal rules but other allegations are denied by the OP and prayed for dismissal of this case.

Decision with Reasons

On proper consideration of the complaint, written version and also considering the title head of the complaint it is clear that complainant brought a complaint against Director, Head Quarter, Yogajog Bhawan, P-36, Chitta Ranjan Avenue, P.O. & P.S. Bowbazar, Kolkata – 700 012 but most interesting factor is that entire incident took place within the jurisdiction of Baharampur P.S. and within the jurisdiction of Superintendent of Post Office, Murshidabad Division.  Fact remains Superintendent of Post Office, Baharampur replied on behalf of the Director, Head Quarter, Yogajog Bhawan but no part of cause of action arose within the Bowbazar jurisdiction or another factor is that entire communication was made in between the complainant and the OP Superintendent of Post Office, Murshidabad and Superintendent of Post Office Murshidabad reported that out of 10 items 7 items were duly delivered and rest 3 of them they failed to search out and they asked the complainant to receive the compensation amount and the letter was sent to the complainant on 28-04-2015 by receiving Rs.134/- but fact remains that allegation of the complainant was made by the complainant also to DPS Head Quarter, Yogajog Bhawan and the same sent to the Superintendent, Murshidabad Division, enquiry has been made and it was admitted by the Superintendent of Post Office that it was not delivered to the addressee and that was reported to the Murshidabad Postal Authority, Director, New Delhi Post Office, New Delhi – 110 001 and after considering the provision of Section 11 and further considering the cause of action arose in the present case we find that entire incident took place within the jurisdiction of Murshidabad and particular at P.S. jurisdiction at Baharampur but no part of cause of action was arose in Bowbazar or Kolkata jurisdiction when it is the fact it is impossible to entertain such complaint but anyhow it was admitted but fact remains after thorough study of the provision of Law that is Section 11 and also present facts and circumstances, we are convinced that this Forum has no jurisdiction to entertain such compliant or to decide the consumer dispute when no part of cause of action arose within the jurisdiction of the Forum and that was the final argument on the part of the OP’s Ld. Lawyer and considering that fact we are inclined to hold that this Forum has no jurisdiction to entertain this complaint and fact remains the complaint ought to have been filed under jurisdiction P.S. Baharampur, Murshidabad but in view to misguiding the complainant this complaint is filed before this Forum which is at all not tenable for which final order is passed directing the complainant to re-file the same before the District Forum, Murshidabad, Baharampur.

Hence,

Ordered

That in view of the above findings this Forum has no jurisdiction to entertain present complaint in view of the fact no part of cause of action arose within the Bowbazar jurisdiction or within the jurisdiction of this Forum but the proper jurisdiction is at D.C.D.R.F., Baharampur, Murshidabad for which this complaint is dismissed on the ground of jurisdiction.

          However, complainant shall have his legal right to file a fresh complaint before the D.C.D.R.F., Baharampore, Murshidabad and for that purpose complaint may receive back all the documents of this compliant filed before this Forum for refiling the same in Ld. D.C.D.R.F., Baharampur, Murshidabad.