Jharkhand

Bokaro

MA/16/33

Kameshwar Singh - Complainant(s)

Versus

Head Post Master, G.P.O. - Opp.Party(s)

18 Jan 2018

ORDER

Complainant Kameshwar Singh filed this complaint with a claim of Rs. 5441/- (Rs. cost of Rs. 1500 of article and Rs. 3941/- cost of booking consignment) and compensation.

2          The brief case of the complainant is that complainant had booked a consignment of rice to his daughter living in Japan on 23.04.2015 from G.P.O. B.S.City vide receipt No. E CJ000339045 but the consignment could not reached till date. The complainant lodged written complaint before O.P. from 22.09.2015 and 22.02.2016. O.P. has not responded to the complaint but his grievance was not solved by the O.P. Hence this case has been filed which is deficiency in service.

3          Complainant has filed the following Anx in support:-

Anx-1 Copy of the complaint to HPO, GPO B.S.City, Bokaro dt.

           15.03.2016

Anx-1/1 Copy of the reminder of the complaint dt. 22.09.2015

Anx-1/2 Copy of the information dt. 25.05.2015 regarding 3 consignments to the O.P.

Anx-2 Copy of the News paper cutting.

Anx-3 Copy of the details of goods and the address to the O.P.

Anx-4 Copy of the receipt of speed posts.

Anx-5 Copy of the receipt of the Rice.

4          O.P. appeared and filed W.S. it is submitted that the petition is not maintainable but admitted regarding the consignment sent by the complainant however, it is also stated that the liability of the O.P. in case of loss of contents is 40 SDR per parcel and 4.50 per K.G. It is also admitted that there is also every chances of miss delivery, delay or damage on way to the destination in spite of taking all efforts. But according to the provisions of section 6 of the Post Office Act, the Post Office is not liable for loss on miss delivery or damage and unless it is cause fraudulently. Hence the petition is liable to be dismissed.

5          Anx-A, B and C have been filed in support by the O.P.

 

F I N D I N G S

6          At the very outset, we hold that complainant is a consumer since he paid money for transport of parcel to the O.P. and the dispute is consumer dispute.

7          It is admitted by the O.P. that the complainant has booked the consignment on 23.04.2015 vide parcel Ref. No. E CJ000339045IN dt. 23.04.2015 of rice. The complainant has also filed Anx-5 which is marked with objection by O.P. since the receipt does not bear the name of the complainant and it is blank. The receipt was not filed earlier with the complaint petition. Therefore, not bearing the name of the complainant creates doubt regarding genuineness of the receipts. However, Anx-4 shows the consignment charge is of Rs. 3,941/- for a parcel of 1468.5 grams article. The O.P. has failed to file any document that the consignment reached at the destination. Meaning thereby the consignment has been lost. So the complainant has failed to prove genuine price of the consignment article however proved the charge of the consignment by Anx-4 and non delivery of article to the destination is a proved regarding deficiency in service on the part of the O.P. and the O.P. is liable for this deficiency.

6          Thus, we allow the part claim of the complainant regarding consignment charge of Rs. 3,941/- and O.P. is liable to return back the consignment charge. Section 6 of the Post Office Act provides that in the event of loss of speed post article and loss of contents and damage to the contents, compensation shall be double the amount of composite fee speed post charges paid or Rs. 1000/- whichever is less. Since the double of consignment charge will Rs. 7882/- which is greater than Rs. 1000/- therefore, the compensation can only be allowed for harassment of Rs. 1000/-.

7          Therefore, we direct the O.P. Post Office, H.O. B.S.City, Bokaro is directed to pay Rs. 3941/- (Rs. Three thousand nine hundred forty one) only the consignment charge along with compensation of Rs. 1000/- (Rs. One thousand) only and litigation cost of Rs. 500/- (Rs. Five thousand) only to the complainant within 60 (Sixty) days of passing of this order. Failing which, the O.P. has to pay 6% (six percent) interest on consignment charge of Rs. 3941/- (Rs. Three thousand nine hundred forty one) till realization.