The brief facts of the case are that Complainant on 12.07.2012 sent an envelope containing 4 original passports to Kolkata for application of VISA to travel to Netherlands on 13.08.2012 to accompany her daughter who is pursuing her studies. A packet of passports was sent by her travel agent Sheba Travels through Shillong Post Office by Speed Post vide Speed Post No EE408900425IN to Kolkata. On 14.07.2012 the agent Sheba Travels from Shillong informed the Complainant of the missing passports en-route to Kolkata and that only the forms and other documents along with photo copies of the passports reached the agent at Kolkata. On enquiry by Complainant it transpired that the packet was allegedly opened four times as per enquiry on the tracker of the Speed Post from GPO, Shillong. The Complainant on knowing about the missing passports filed an FIR on 16/07/2012 before the police through the Inspector In-charge Sardar Police Station, Shillong.
On 18.07.2012 one of the original passport of Shri Mewanbanjop Mawroh came back through Shillong Post Office but without sender’s name and address and no date or stamp was embossed on the envelop. The said envelop was submitted before the police for further investigation. The said passport came in a closed bag No.EBS0000906169 from Guwahati as informed by the Department of Post. Later, Complainant was informed that the other three original passports were lying in SPC Guwahati since 14.07.2012 without any envelop and barcode and were handed over to the Complainant on 30.07.2012.
The Complainant therefore approached this Forum and prayed for compensation for deficiency in service as because of non delivery of passports to its destination, the trip had to be cancelled and a risk was taken by her in sending her daughter alone to the place for studies.
Notice was issued to OP who entered appearance through their learned counsel, but failed to file show cause though ample time was given to them to file show cause except a letter written by the Superintendent of Post Offices, Shillong forwarding the parawise comments prepared by Guwahati Division, Assam Circle which was submitted before this Forum. In the said reply it was stated that a speed post article was booked at Shillong GPO by Sheba Travels Shillong on 12.07.2012 bearing no. EE408900425IN and the address of the article was Malpani Trade Link, Kolkata. The article was received by Guwahati Stg.Hub/Night Set dated 12.07.2012 and was included in SP bag No. EB500001134251, for Speed Post Sorting Hub Kolkata on 12.07.2012 with entry serial 16/20. Finally the bag was dispatched to Kolkata RMS on 13.07.2012 containing SPA No. EE408900425IN. Kolkata RMS further forwarded the said SPA EE408900425IN to Sarat Bose Road SO on 14.07.2012 which received the same on the same day. The letter further mentioned that no error report from both Kolkata Stg Hub and Sarat Bose Road SO regarding abstraction of the article at the time of receipt and delivery has been received at this end till date which indicates that the article was delivered to the addressee in sound condition. On 14.07.2012 the Complaint Inspector Meghalaya Division, Shillong found 3 passports on the table of the Manager, SPC Guwahati. These are Passport File No. GUWA00535606 (Donlang Mawroh) Passport File No GUWA01568505 (Bahundalyne Mawroh) and Passport File No. GUWA01549905 (Balari Phylla Mawroh). It was presumed that some customers might have left these passports and subsequently somebody took it to the table of Complaint Inspector Meghalaya Division without any cover/sign of being postal article. Since these passports have no contact number, hence it was decided to hold for 7 days at SPC Guwahati and finally returned to RPO Guwahati. However in the meantime, since a complaint was received about the missing passports from SPO, Meghalaya Division the passports were dispatched to Divisional Office, Shillong on 20/07/2012. The Original passport of M. Mawroh was returned to its holder through Service Envelop of Postal Department. The passport might be received by any of the transit offices in loose condition without any cover and speed post barcode, hence it was returned to its holder by Postal Department.
No written argument filed by both parties but Complainant that she has nothing more to say except those she had already stated in her complaint petition and prays for adequate compensation for deficiency in service and negligence of the postal department.
On the basis of the documents on record and submissions made by both the parties, this Forum makes the following observations:
- There is no dispute to the fact that the Speed Post booking was done by the travel agent of the Complainant from Shillong.
- The Speed Post contained the passports of the family of the Complainant which is clear from the fact that these were ultimately found at SPC, Guwahati, Assam subsequent to the date of Speed Post from Shillong by the agent of the Complainant.
- The OP has not been able to prove beyond doubt as to how these passports reached their Guwahati Division except for a vague excuse that some customer might have left them there on the table in their office at Guwahati.
On the basis of the observations above this Forum is of the opinion that the OP has not been able to prove that it exercised due care and diligence in handling the packet which was sent through speed post. That the passports were found in loose condition in their office at Guwahati clearly indicates the negligent manner in which the packet was handled by the postal department. We therefore hold the OP liable for negligence and deficiency in service as defined in the Consumer Protection Act as direct them to pay an amount of Rs. 25,000/- as compensation to the Complainant for the hardship faced by her in terms of cancellation of her travel plan due to the fault of the OP. Also we are inclined to put a penalty of Rs. 10,000/- on the OP on account of mis-handling the packet which was sent through speed post as this mode of booking through the post office is generally construed as safe and faster by the public at large.
The OP is direct to pay the said amount to the Complainant within 30 days of the receipt of this order.
Case disposed off.
