KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

             VAZHUTHACAUDTHIRUVANANTHAPURAM                                                                                         

                                                    APPEAL NO.413/09

                                   JUDGMENT DATED 1.7.2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                   --  PRESIDENT

SRI.S.CHANDRAMOHAN NAIR                         --  MEMBER

1.       Vijayan, Postman,

Trikalangode.P.O.

2.       B.Sathidevi,

          Postmaster, Trikalangode.P.O.                     --  APPELLANTS

3.       V.K.Sudhakaran, Supdt. of Post Office,

          Manjeri Division, Manjeri.

4.       Postmaster General,

          Thiruvananthapuram.

          (By R.P.Sandeep, Auth.Rep.)

                   Vs.

K.P.Ummukulsu

W/0 Mohammed Rafeeque,

420/Kellaparambath House,                                    --  RESPONDENT

Trikkalangode.P.O

Malappuram Dist.676127.

(By Adv.M.K.Rajeev)

                                              JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

          The appellants are the opposite parties/postal authorities in CC.130/08 in the file of CDRF, Malappuram.  The appellants are under orders to pay a sum of  Rs.10,000/- as compensation and Rs.1,000/- as costs.

          2. The case of the complainant is that the registration certificate of the vehicle sent from the  State Transport Authority (STA) Thiruvananthapuram   on 29.4.08 by registered post was returned with the postal endorsement “not known”.  Subsequently, she made enquiries at the office of the S.T.A and got the returned postal article to be re-sent.  The same was delivered on 6.6.08 by the postman of Karakkunnu Post 0ffice.  It is the case that the vehicle which was running for a Call Centre at Chennai could not be plied  from 5.5.08 till 9.6.08  thereby incurring a loss of Rs.850/- per day. She has claimed Rs.31,500/- towards compensation.

          3. The version  of the opposite parties is that during the period, the complainant was residing  within the jurisdiction of Karakkunnu Post Office.  The impugned postal article was sent in the address within the jurisdiction of Trikkalangode Post Office.  The inmates of the house at Trikkalangode informed that there was no one in the house by the name of the complainant.  It is asserted in the version that on enquiries in pursuance of the complaint filed by the complainant before the postal authorities, it was found that the complainant was residing during the period at a house within the jurisdiction of Karakunnu Post Office.  The alleged deficiency in service is denied.

          4. Evidence adduced consisted of the proof affidavit filed by the respective sides  and Exts.A1 to A7.

          5. At the time of hearing, the appellant/opposite party has produced the copy of an affidavit said to have been filed by the complainant during the enquiry with respect to the complaint before the postal authorities  mentioning that  since 8.3.08 she is residing within the jurisdiction of Karakkunnu Post Office and requesting the opposite parties to deliver postal articles addressed to her letter through Karakkunnu Post Office. 

          6. In the circumstances, we find that the matter requires re-consideration although, there is no reason as to why the above document was not produced before the Forum.  

          7. In the circumstances, the order of the Forum is set aside on condition that the appellant/opposite parties pay a sum of Rs.2500/- towards costs to the complainant or deposit the same before the Forum which can be withdrawn by the complainant.

          8. The Forum is directed to dispose of the matter afresh.  The matter stands posted before the Forum on 7.9.10.

          The office will forward the LCR and the copy of this order to the Forum urgently.

JUSTICE  K.R.UDAYABHANU --  PRESIDENT

                             S.CHANDRAMOHAN NAIR      --  MEMBER