West Bengal

Bankura

CC/37/2017

Pinaki Sarkar - Complainant(s)

Versus

Khatra Sub Post Master - Opp.Party(s)

Self

17 Nov 2022

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint  No. 37/2017

Date of Filing : 04.05.2017

Before:

1. Samiran Dutta                Ld. President.      

2. Rina Mukherjee               Ld. Member. 

3.  Sudhakar Ghosh             Ld. Member.

 

For the Complainant: Self

For the O.P. Govt. Pleader, Bankura 

Complainant    

Pinaki Sarkar, S/o Shyamal Kr. Sarkar, at High School Road, PO Khatra, Dist Bankura

 Opposite Party 

Khatra Sub Post Master, P.O.Khatra, Dist. Bankura, PIN 722 140

                                         

FINAL ORDER / JUDGEMENT

ORDER NO.33

Dt. 17-11-2022

 

The case is fixed for argument.

The complainant is personally present by filing hazira.

No step is taken by the O.P.

It appears from the record that the case is fixed for argument since 20-08-2018. Though the O.P./Post Office authority filed W.V. on 16-02-2018 but perhaps they are not interested to contest the case.

The Commission decides to dispose of the case hereunder.

                                                                                                                                Contd……p/2

 

Page: 2

The complainant’s case is that M/s TSR Darashaw Limited from Mumbai sent him three Share Certificates by Speed Post vide Postal consignment no.EMI 83263994IN and article was booked on 22-10-2016 from BNPLSP Hub AGRIPADA , Mumbai. Said article was received by Khatra Sub Post Office, Bankura on 28-10-2016 but it was not delivered to the complainant. The complainant has therefore filed this case against the O.P. praying for Rs.55,400/- as compensation together with Rs.15,000/- as litigation cost.

            Initially the O.P./Postal authority filed W.V. denying all the material allegations made in the complaint but  contending inter alia that the complainant is not at all a consumer within the definition of Consumer Protection Act, 1986 and that the article in question was misplaced and after vigorous search the same was found out on 10-06-2017 and immediately thereafter it was  sent to the addressee  i.e. complainant but he refused to take delivery of the same. The complainant for the second time also refused to take delivery of the article on 15-07-2017. Finally the Speed Post article was returned to its booking office on 28-07-2017 through Bag No.EBW0007377512 and the said article was ultimately delivered by Jacob Circle S.O. to TSR Darashaw Limited on 03-08-2017. The Post Office authority has therefore pleaded no deficiency of service on their part and hence they have prayed for dismissal of the complaint.

            In the mean time the complainant approached said share certificate issuing authority i.e. M/s TSR Darashaw Limited regarding return delivery of Speed Post articles as claimed by the Postal Authority but by letter dated: 21-09-2017 said share certificate issuing authority has intimated to the complainant that the Speed Post articles were not at all received by them. The complainant has produced the copy of the said letter at the time of hearing which be kept with the record as part of evidence.

            On perusal of the materials on record the Commission finds that the O.P./Postal Authority is liable and accountable to the sender of the Speed Post article i.e. share certificate issuing authority M/s TSR Darashaw Limited but they have no liability under law to the addressee/complainant. But the fact remains that the Speed Post articles i.e. three share certificates as mentioned in the petition of complaint the description of which is given below was dispatched to the complainant through Speed Post but unfortunately it was not received by the complainant for which the complainant has suffered pecuniary loss.

Sl No	Certificate No.	Distinctive Number From	Distinctive   To	Name of Company	Number Of Securities	Present Value
1	06182279	229521211	229521260	Tata Steel	50	Rs.462 x 120 nos.
2	R04707176	326030257	326030306	Tata Steel	50
3	R04707177	326030307	326030326	Tata Steel	20
				Total	120 Nos.	Rs.55,440/-

 

                                                                                                                                        Contd…………p/3

Page 3

 

Without going into the controversy as to the fate of those Speed Post article whether it is misplaced, lost or delivered  it is  in the interest of justice that an order should be passed upon M/s TSR Darashaw Limited to reissue fresh share certificates in favour of the complainant as mentioned hereinabove by Speed Post / Courier Service as the case may be though said share certificate issuing authority is not a party to this case.

 

 

Hence it is ordered……..

That the complaint case no. C.C. 37/2017 is disposed of by directing M/s TSR Darashaw Limited, 6-10, Haji Moosa Patrawala Ind. Estate, 20 Dr. E. Moses Road, Near Famous Studio , Mahalaxmi (W), Mumbai 400 011 to re-issue fresh share certificates as mentioned above in favour of the complainant by Speed Post/Courier Service as the case may be within a reasonable time.

            Let a copy of this order be given to the parties including M/s TSR Darashaw Limited free of cost. The complainant is directed to send the copy of this order to M/s TSR Darashaw Limited for taking necessary action.

 

                           __________________                                   ________________                    ________________

                       HON’BLE   PRESIDENT                           HON’BLE    MEMBER              HON’BLE    MEMBER