DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 5th day of July, 2023
Present : Sri. Vinay Menon V., President
: Smt. Vidya A., Member
: Sri. Krishnankutty N.K., Member Date of Filing: 24/02/2022
CC/39/2022
Anil S.,
“Srayes”,
Gandhinagar, Pudupariyaram (PO),
Palakkad – 678 731 - Complainant
(Party in Person)
Vs
- Indian Postal Department,
Rep.by Post Master,
Head Post Office, Olavakkode,
Palakkad – 678 002
- Senior Superintendent,
Office of the Senior Superintendent
of Post offices,
Palakkad Division,
Palakkad – 678 001
- Director,
Postal Services,
Office of Director of Postal Services,
Gaziyabad Division,
Gaziyabad – 201 002
- Assistant Director (Public Grievance),
Office of CPMG,
UP Circle, Hazarathganj,
Lucknow, UP – 226 001 - Opposite parties
(O.P.s by Adv.M/s.Susheel M Menon, Favas C.J, Prina T.R)
O R D E R
By Sri. Vinay Menon V., President
- Voluminous pleadings and documents apart the whole case drizzles down to the sole question whether this Commission can interfere in a matter where statutory provision with regard to compensation payable by the OPs in the event of loss of consignment was already upheld by the Hon’ble National Commission.
- The Hon’ble National Commission has by its order dated 10/04/2015 in R.P. No. 2324/2014 (Post Master & Anr V/s Arun Geo Thomas) and order dated 8/12/2014 in R.P. No.3591/2009 (Chief Post Master General & Ors V/s Pooja Gupta) upheld the binding nature of Section 6 of Indian Post Office Act, 1898. Section 6 of Indian Post Office Act, 1898 reads as follows:
“6. Exemption from liability for loss, misdelivery, 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”.
- Legal backdrop being as above, undisputed pleadings of the complainant are that he transmitted a consignment (alleged to be a smart watch worth Rs.4999/-) but the same was lost in transmit. Complainant apprehends abstractions on the part of the officials of the opposite party department.
- The opposite party contented that the consignee had refused to take delivery of the consignment and that the same was lost due to poor packaging by the complainant and that admitting their default had directed payment of Rs.1,000/- to the complainant by way of compensation as allowed by statute. Since the article was uninsured, this amount alone was statutorily payable to the complainant. But the complainant failed to accept this amount and had filed this complaint.
5. In the fact and circumstances of the case, we are of the opinion that we need not dwelve deep into the facts to ascertain the veracity thereof.
The question of law has been laid bare by the Hon’ble National Commission. Facts are undisputed. Documents produced herein are unopposed.
Ext.A1 proves that the complainant was in receipt of the communication regarding compensation accorded to the complainant by the opposite parties in accordance with the statute. The complainant has no case that the article was insured. Further he has not taken any steps to prove any illegal activities on the part of the staff of opposite party so as to prove any fraudulent or willful act or default causing loss of consignment.
6. Resultantly, we hold there is no deficiency in service on the part of opposite parties. Accordingly the complaint is dismissed.
7. Parties shall bear their respective costs.
Pronounced in open court on this the 5th day of July, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/- Krishnankutty N.K.
Member
APPENDIX
Exhibits marked on the side of the complainant :
Ext.A1 – Copy of e mail communication dated 2/10/2021
Ext.A2 – Print out of Whatsapp communication dated 9/10/2021
Ext.A3 – Printout of photographs of postal receipts dated 9/10/2021
Ext.A4 – Printout of Whatsapp communication dated 12/10/2021 and 13/10/2021
Ext.A5 – Copy of complaint dated 14/10/2021
Ext.A6 – Printout of e mail communication dated 19/10/2021
Ext.A7 – Photocopy of facing sheet of speed post cover
Ext.A8 – Copy of complaint dated 14/10/2021
Ext.A9 – Copy of communication dated 19/1/2022
Ext.A10 – Printout of e mail communication dated 20/1/2022
Ext.A11 – Photocopy of communication dated 27/1/2022
Ext.A12 – Photocopy of communication dated 28/1/2022
Ext.A13 – Photocopy of communication dated 04/2/2022
Ext.A14 – Copy of invoice bearing No.20393
Exhibits marked on the side of the opposite party:
Ext.B1 – Original of inter departmental communication dated 20/10/2021
Ext.B2 – Print out of track complaint status
Ext.B3 – Copy of communication dated 7/12/2021
Ext.B4 – Same as Ext.A11
Ext.B5 – Photocopy of relevant portion Rule 66 (B), Indian Post office Rules, 1933 (GSR 40(E))
dated 21/1/1999
Ext.B6 – Copy of relevant portion of Section 6 of Indian Post Office Act, 1898
Ext.B7 – Copy of Order in RP No.2324/2014 on the file of NCDRC
Ext.B8 – Copy of order in RP 3591/2009 on the file of NCDRC
Court Exhibit:
Nil
Third party documents: Nil
Witness examined on the side of the complainant:
Nil
Witness examined on the side of the opposite party:
Nil
Court Witness: Nil
NB : Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
