BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                          Complaint Case no. 142 of 2021      

                                                          Date of Institution:  26.07.2021

                                                          Date of Decision:   01.05.2024. 

Gaurav Kumar, aged about 28 years son of Shri Ramesh Kumar, now resident of 910, Sector 20, Part II, HUDA, District Sirsa.

                                                                   ………Complainant.

                                      Versus

Head Post Master, Main Post Office, Sirsa.

                  ……… Opposite party.

          Complaint under Section 35 of the Consumer Protection Act, 2019.

Before:       SH. PADAM SINGH THAKUR………. PRESIDENT

SMT. SUKHDEEP KAUR……………..MEMBER            

Present:       Sh. P.K. Berwal, Advocate for complainant.

Ms. Nidhi Gupta, Official for opposite party.

ORDER

          The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred as OP).

2.                In brief, the case of complainant is that on 22.07.2020 complainant had sent two separate parcels at Canada and Australia by way of speed post through Main Post Office Sirsa. The parcel sent to Canana was containing Rakhis and was sent to Mr. Mohit Singh whereas the parcel sent to Australia was containing Rakhis as well as original driving licence of Ankit Kumar which was sent to Mr. Ankit Kumar. Two separate receipts in this regard were issued to the complainant by the authorities of op which are still available with him. That even after passing of couple of months, the said parcels were not received by the persons to whom the same were sent. It is further averred that complainant sent message through twitter in this regard to the authority concerned on 23.09.2020 but the said message was avoided with the lame excuse of COVID-19 vide twitter reply dated 05.10.2020. Thereafter further message was sent by the complainant on 07.10.2020 but the same gone un-replied and thereafter he made a written complaint to Head Post Master Sirsa on 29.10.2020 in this regard but same was also not heard. That till date the parcels containing important document i.e. driving licence have not been delivered at the destination nor the same have been returned back to the complainant and the act on the part of postal authorities clearly amounts to deficiency in service and unfair trade practice on account of which complainant has suffered unnecessary harassment and humiliation for which he is legally liable to be compensated. That complainant also got issued a registered legal notice to the op on 24.02.2021 but to no effect. Hence, this complaint seeking direction to the op to pay a sum of Rs. five lacs as compensation for unnecessary harassment.

3.                On notice, op appeared and filed written version taking certain preliminary objections regarding cause of action, mis joinder and non joinder of necessary parties, locus standi, maintainability and that Department of Posts is providing only obligatory services at a heavy subsidized rate with nominal taken charges and without any commercial gain. The complainant is not a consumer in the strict sense as defined under the Act and the relation between complainant and op is only statutory. That complainant has concealed true and material acts from this Commission regarding delivery of said articles, as during the course of inquiry, the complainant verbally admitted that one speed post article number EH419866518IN has already been delivered to the addressee. It is further submitted that Post Offices are exempted by law from liability of loss, mis-delivery, delay or damage to any postal article in course of transmission and no officer of the Post Office shall incur any liability by reason of any such loss, mis-delivery, delay or damage, unless he has caused the same fraudulently or by his willful act or default by post vide Section 6 of the Post Office Act, 1898.

4.                On merits, it is submitted that articles were booked by Ms. Amita Singh and not by complainant which is clearly indicated in booking receipts. The above mentioned speed post articles were further dispatched to National Sorting Hub Rohtak vide speed post bag no. EBH0006100032 on the same day. It is further submitted that the contents of the articles are not known to the Post Office as Post Office deals with the closed envelopes only. That tracking details of above noted speed post articles are not available in system and matter is still under investigation with concerned authorities for disposal of above said articles. It is further submitted that online web complaints were registered by Post Master Sirsa HO vide complaint numbers 2000380781 on 01.08.2020 and 2000466469 on 09.09.2020 in respect of article number EH419866521IN for the disposal of this article. Complaint number 2000380781 was disposed off by New Delhi Foreign Post Office with the remarks as “ Complainant may contact at

5.                The complainant in evidence has tendered his affidavit Ex.C1 and documents Ex.C2 to Ex.C11.

6.                On the other hand, op has tendered affidavit of Sh. Sanjay Kumar, Superintendent as Ex.R1 and documents Annexures I to VI.

7.                We have heard learned counsel for the complainant as well as official on behalf of op and have gone through the case file.

8.                The complainant is seeking compensation from op as two parcels dispatched by him to Canada and Australia containing Rakhis and important document i.e. driving licence have been lost by op. However, op has asserted that complainant admitted that one speed post article bearing number EH4198665181N has been delivered to the addressee. Section 6 of the Post Office Act, 1898 regarding Exemption from liability for loss, misdelivery, delay or damage is relevant which is reproduced as under:-

“ 6. Exemption from liability for loss, mis-delivery, delay or damage:- The (Government) shall not incur any liability by reason of the loss, misdelivery or delay of, or damage to, any postal article in course of transmission by post, except in so far as such liability may in express terms be undertaken by the Central Government as hereinafter provided; and no officer of the Post Office shall incur any liability by reason of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his willful act or default.

9.                From the perusal of pleadings as well as evidence of complainant, it is evident that complainant has not leveled any allegation against any individual officer and has not proved on record that the loss was caused on account of fraud or willful act or by any default on the part of any official of op. The Hon’ble State Consumer Disputes Redressal Commission, Haryana, Panchkula in case titled as Senior Suptd. Of Post Offices Versus Rajbir Singh decided on 26.10.2016 has held that “the complainant has not leveled allegation against any specific official of the Department of Posts alleging that loss of the postal article was caused by the said employee with fraudulent intention or by willful act or default on his part. In so far as the Government is concerned, Section 6 grants complete immunity to the Government of liability for loss, mis delivery, delay or damage to the postal articles”.  So, in view of above said Section 6 of Post Office Act, 1898 as well as law laid down by the Hon’ble State Commission, Haryana, the complainant deserves dismissal.

10.              In view of our above discussion, the present complaint is hereby dismissed but with no order as to costs. However, complainant may apply/ seek adequate compensation from op if the rule permits so in view of letter of Government of India dated 13.04.2021 placed on file by op itself since op has also asserted that sender of articles never applied for the compensation with the op. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.

Announced:                             Member                             President,

Dated: 01.05.2024.                                               District Consumer Disputes

                                                                                Redressal Commission, Sirsa.