Tamil Nadu

North Chennai

46/2014

A.G.RushiKesha - Complainant(s)

Versus

India post,Speed post Divison - Opp.Party(s)

Party in person

24 May 2017

ORDER

 

                                                            Complaint presented on:  05.03.2014

                                                                Order pronounced on:  24.05.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

WEDNESDAY  THE 24^th DAY OF MAY 2017

 

C.C.NO.46/2014

 

 

IN THE MATTER OF:

 

A.G.Rushikesha,

S/o.Mr.A.K.Arumugam & Mrs.A.Gomathy,

126/16, Manali New Town,

Chennai – 600 103.

                                                                                    ….. Complainant

 

..Vs..

India Post,

Speed Post  Division,

Chennai (Beach) GPO,

Chennai – 600 001.

Represented by its Chief Post Master.

.....Opposite Party

Date of complaint                                  : 11.03.2014

Counsel for Complainant                       : Party in Person

Counsel for  Opposite Party                     : A.Kumar, ACGSC

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to order compensation for deficiency in service and mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant sent a notice through Opposite Party on 28.1.2014 on payment of charges of Rs.51/- through speed post with acknowledgement due to the Proporiter, Hotel Roma Delux, 8165, Arakashan Road, Ram Nagar, Pahar Ganj, New Delhi – 110055.   Even after a week time the Complainant did not get acknowledgement.  Hence the Complainant went to the Opposite Party office and made enquiry.  On their advice he made an online Complaint on 6.2.2014 and the Complainant received SMS with Complaint No.100056-10884 and for status visit www.indiapost.gov.in while checking the status of his Complaint, it has been always shown as pending till 4.3.2014.  The Opposite Party either provided a proof of delivery for the speed post neither sent by the Complainant nor effectively responded to the online Complaint, even after brought to the knowledge of the Opposite Party.  Failure to provide details of delivery of his speed post letter is deficiency on the part of Opposite Party and hence the Complainant suffered with mental agony.  Hence the Complainant filed this Complaint to order compensation for deficiency in service and mental agony with cost of the Complaint. 

 

 

2. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The article booked by the Complainant was delivered to the addressee on 30.1.2014 without any delay.  Normally the acknowledgement card signed by the addressee will be dispatched and delivered though the post man as ordinary letter and no records are maintained for such delivery.  Hence in the instant case the proof of delivery could have been sent to the sender and delivered to the Complainant.  

          3. The Complainant checked the website and shown as pending all the times is absolutely false.  On registration of web Complaint on 7.2.2014 the speed post centre checked with New Delhi central division and Opposite Party received reply that the article was delivered on 30.01.2014 and such facts replied through web on 11.2.2014 to  the Complainant.  Hence the article booked by the Complainant was delivered to the addressee within three days of booking and hence the Opposite Party has not committed any deficiency in service and prays to dismiss the Complaint with costs.

4. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

5. POINT NO :1 

          The case of the Complainant is that he sent a notice to the Proprietor, Hotel Roma Delux, 8165, Arakashan Road, Ram Nagar, Pahar Ganj, New Delhi – 110055 through the Opposite Party on 28.1.2014 on payment of charges of Rs.51/- through speed post with acknowledgement due and Ex-A1 receipt is the proof issued by the Opposite Party for sending such speed post and however the Complainant did not receive the acknowledgement and hence he contacted the Opposite Party and on their advise he made an online Complaint on 6.2.2014 and he received an Ex-A2 SMS with Complaint No.100056-10884 and even after lodging such Complaint, he did not receive the acknowledgement and hence he checked the status then and there and lastly on 3.4.2014 and however the status shown as pending as per Ex-A3 and even after lodging online Complaint the Opposite Party failed to provide acknowledgement is deficiency in service on the part of Opposite Party and hence the Complainant suffered with mental agony and therefore the Complainant filed this Complaint claiming compensation. 

          6. The Opposite Party would contend that the article booked on 28.1.2014 was delivered to the addressee on 30.1.2014  and the acknowledgement  card signed by the addressee will be dispatched and delivered as ordinary letter and no records maintained for delivery of ordinary letters and further   the Opposite Party requested the office of delivery on 18.2.2014 and again on 1.3.2014 to provide copy of delivery slip of the said speed post article to the Complainant and immediately  sent the delivery slip to the Complainant on 6.3.2014 and again on 18.3.2014 under Ex-B6 by way of registered post and therefore, there is no deficiency in service to the Complainant by the Opposite Party and further as per section 6 of the Indian Post Office Act, 1986 the Opposite Party is not liable and prays to dismiss the Complaint.

          7. It is not in dispute that the speed post letter sent by the Complainant on 28.1.2014 was delivered to the addressee at New Delhi on 30.1.2014.  The grievance of the Complainant is that even of the making online Complaint on 6.2.2014 and thereafter, after 26 days before filing of the Complaint there is no reply from the Opposite Party in respect of the acknowledgement.  The Complaint was filed in this Forum on 5.3.2014 and after taken on file the first hearing for appearance of Opposite Party posted to 15.4.2014.  The Complainant admitted in the proof affidavit that he received letter that his speed post was delivered on 30.1.2014.  So, on the 3^rd day of booking, the letter was delivered to the addressee.  Further before appearance of the Opposite Party on the 1^st hearing in this forum the intimation was delivered to the Complaint that his speed post letter was delivered to the addressee.

          8. As per section 6 of the Indian Post Office Act, 1986 any postal article in the course of transmission by reason of any such loss, miss delivery, delay or damage unless he has caused the same fraudulently or by his will full act then the officer concerned or the postal department is not liable.  In the case in hand also there is no willful or fraudulent act on the part of the Opposite Party established by the Complainant.  On the other hand the article itself was delivered within three days.  By virtue of section 6 of the Indian Postal Act, the delay in delivery of the acknowledgment after filing a Complaint through online will not constitute deficiency on the part of the Opposite Party.  Therefore, we hold that the Opposite Party has not committed any deficiency in service.

09. POINT NO:2

Since the Opposite Parties have not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 24^th day of May 2017.

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 28.01.2014                   Postal Receipt dated 28.01.2014 copy (Original 

                                                    will be Produced)

 

Ex.A2 dated 06.02.2014                   SMS received to my mobile phone (9025475016)

                                                    TYPED MATTER (Original may be Verified

                                                     from mobile)

 

Ex.A3 dated 04.03.2014                   Status of Complaint (On 04.03.2014) as given in

                                                    the India Post website (Print Out from website)

 

Ex.A4 dated 04.03.2014                   Tracking result of speed Post (on 04.03.2014) as

                                                    given in India Post website. (Print Out from

                                                    website)

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

Ex.B1 dated 06.02.2014                   Print of web Complaint 100056-10884 filed by the

                                                    Complainant on 06.02.2014 wherein the progress

                                                    of the case can be viewed.

 

Ex.B2 dated 08.11.1995                   Letter No.43-9/94-D dt.08.11.1995 of the Ministry

                                                    of Communications, Department of Posts wherein 

                                                    it has been intimated that POD is not a Speed Post

                                                    Article but will be treated as Speed Post Article

                                                    for internal purpose facilitating faster and early

                                                    delivery of PODs.

 

Ex.B3 dated 01.03.2014                   Letter No.SP/9/218/14 dt. 01.03.14 forwarded by

                                                   the Deputy Manager, SPCC, Chennai 600 016 to

                                                   the Postmaster, Swami Ram Tirth Nagar PO, Delhi

                                                   110 055 requesting to forward copy of delivery

                                                   slip.

 

Ex.B4 dated 03.03.2014                   Letter No.SRT/CCC/100056-10884/13-14

                                                   dt.03.03.14 of Swami Ram Tirth Nagar PO

                                                   addressed to the Manager, Chennai SPCC,

                                                   Chennai 600 016 forwarding copy of the delivery

                                                   Slip

 

Ex.B5 dated 06.03.2014                   Letter No.SP/9/218/14 dt. 06.03.14 forwarding the

                                                   copy of delivery slip to the Complainant through

                                                   ordinary post.

 

Ex.B6 dated 18.03.2014                   Letter No.SP/9/218/14 dt. 18.03.14 forwarding the

                                                   copy of delivery slip to the Complainant through

                                                   registered post RT277036435 IN dt. 18.03.15.

                                                   copy of the booking receipt of registered post at 

                                                   the rear of the document.

 

Ex.B7 dated NIL                     Section 6 of Indian Post Office Act 1986

 

 

                                               

 

 

 

MEMBER – II                                                               PRESIDENT