By G. Yadunadhan, President: The case of the complainant is that complainant had received money order from opposite party No.1 after a lapse of 3 days due to the negligent act of the Post woman. Because of the delayed service, complainant suffered mental pain. Therefore prays that complainant is entitled to get compensation from opposite party No.1 and 2. Opposite party No.1 and 2 entered in appearance and filed detailed version sating that money order No. 7353/1485 for Rs.550/- payable to the complainant was received for payment at Eranhikal Branch post office on 17.8.2009. The money order was entrusted to Smt. Jayanthi, Gramin Dak Sevak Mail Deliver for affecting payment on 17.8.2009 itself. The GDSMD visited the residence of the complainant on 17.8.2009. But as the complainant was not there and his house was found closed the GDSMD served an intimation at the premises informing the complainant that she “will be visiting the premises once again on 18.8.2009”. On 18.8.2009 also, the complainant was not available in his house at the time of the visit of GDSMD. On 18.8.2009, she returned the money order to the Branch Post Master with the remarks ”Absent”. On 19.8.2009 complainant visited the post office personally and took payment of money order. There was no foul play or laxity on the part of the postwoman or branch post master. There is no negligence on the part of the opposite party No.1 and 2. Hence complaint is liable to be dismissed. Complainant was absent for the last 4 consecutive postings, i.e., on 18.12.2009, 30.12.2009, 20.1.2010. He was purposefully absent. On 20.1.2010 Forum specifically directed to give one more chance to the complainant to appear and produce relevant documents for proving his case. But he had not turned up. Hence opposite party produced documents and marked it as Ext. B1 to B5. Points for consideration: (1) Whether the Complainant is a consumer as contemplated under Consumer Protection Act? (2) Is there any negligence or deficiency in service on the part of the opposite parties? (3) If so, what is the compensation? Issue No.1: It is the fact that the complainant has availed the service of the opposite parties. No serious contention raised regarding the maintainability of the above complaint by the opposite parties. Hence we find that the above complaint is maintainable and the complainant is a consumer coming within the purview of Consumer Protection Act. Issue No.2: Complainant alleges negligence and deficiency in service on the part of opposite parties, because the opposite party No.1 served the money order only from the post office after a lapse of three days. In fact, the disputed money order reached the branch Post Office on 17.8.2009. On the same day GDSMD gave intimation and on 18.8.2009 again intimated to the complainant. On 19.8.2009 complainant himself collected the amount from the branch post office, Eranhikal. It shows that the opposite party No.1 has done their act legally. There is no negligence on the part of opposite parties. It reveals from the Ext. B2 document. Ext. B5 document shows that the higher authorities of the opposite parties had conducted a detailed enquiry about the complaint and revealed that there was no foul play on the part of post office. No other evidence produced by the complainant at the time of evidence. Without any oral or documentary evidence, Forum cannot go beyond the evidence adduced by the opposite party. Therefore complaint is liable to be dismissed without any cost. Pronounced in open Court this the 5th day of February 2010. Sd/-President Sd/-Member Sd/-Member APPENDIX Dopcuments exhibited fortghe complainant: Nil. Documents exhibited for the opposite parties: B1 Photocopy of letter dated 30.11.2004. B2 Photocopy of Medical Certificate dated 12.7.2006. B3 Photocopy of letter from complainant to 2nd opposite party dated 20.8.09. B4 Photocopy of letter from complainant to 2nd Oppositeparty dted 18.6.09. B5 Photocopy of letter from Asst. Director (Staff) to complainant dated 9.7.2009. -/True copy/- Sd/-President (Forwarded/by Order) Senior Sueprintendent. | 
