Shri B. Mukhopadhyay, President.   

This is an application u/s.12 of the C.P. Act, 1986.

Complainant being aggrieved about the conduct of the Postal Department was compelled to file this complaint before this Forum for not getting proper service from the OP Postal Authority.

          Main contention of the complainant is that he sent one speed post letter No.EW-20 5342491 IN posted from Rash Behari Post Office on 18-06-2013 for delivery of the same to the General Manager, BSNL, Kolkata Telephone, Telephone Bhavan, Kolkata – 700 001 but unfortunately it was returned to the complainant after 15 days with note “Insufficient address”. 

          It is further submitted that the said speed post letter contained a notice issued by the DCDRF, Kolkata, Unit-I along with document but that was negligently deal with by the Kolkata GPO which caused irreparable loss and at the same time complainant suffered mental pain and agony.

          It is further submitted that it is usual remarks normally given by the delivery peon in most of the cases where delivery peon never communicate at the address of the addressee and the present case is also of similar act which  was done by the delivery peon of the postal department.  But fact remains in the said letter there is a stamp of postal peon “Not mention Department. Insufficient address”.  But this address is sufficient and that is full address and the counter accepted the same at the time of despatching.

          Further it is known to all even to customer that in the Telephone Bhavan there is a Reception counter on the ground floor who receives letter from the outsider people/delivery peon.  But it is proved that the delivery peon would deliver the same in the Reception counter of the Telephone Bhavan.

          Most interesting factor is that Department of GPO Delivery Section under the control of Assistant Director has not also taken any step though said peon did not act and did not deliver or tender the letter to the addressee actually and such act on the part of the Postal Authority is no doubt uncalled for, unethical, negligent in manner and insufficient service and no doubt that is the gross deficiency on the part of the delivery section of the GPO.  In the above circumstances, complainant has prayed for relief for compensation for harassment etc.

          Fact remains notice was served upon the OP by messenger on 19-08-2013 i.e. to the Post Master General, West Bengal Circle, Kolkata – 700 001 but unfortunately OP did not appear to contest the case or has not challenge the allegation of the complainant and for which relying upon the complainant’s allegation his evidence in affidavit and other documents we are proceeding to decide the entire complaint for proper decision.

Decision with Reasons

On proper evaluation of the fact of the complainant as alleged and also the materials that is the document which was sent by the speed post with A/D it is found that one official letter that is the notice of a case was sent by speed post with registered post with A/D vide receipt No.EW205342492 IN from Counter No.1 CP Code-U from Rashbehari Post Office on 18-06-2013 and fact remains it was returned with a note of the Postal peon “Not mention Department, insufficient address” with an initial of postal peon noting 19/6. 

          Anyhow, complainant reported the matter to Director, Kolkata GPO for non-delivery of the above speed post and prayer for verification but truth is that this postal authority did not give any reply or did not enquire about the allegation as made by the complainant and no doubt such a conduct on the part of the Postal Department is unethical, uncalled for and against the principle of service to the Nation because Postal Department is a Department of Communication all over India and its service is required by each and every people and citizen of India and it is the duty of Postal Department to satisfy all the customers as and when any query is made but now-a-days we have observed that in so many cases the Postal Authority is very much shaky to give reply against any query made by any person who avail of the service of the postal authority and no doubt it is a very deadly trends and if in such a manner Postal Authority is supporting his staffs who are not discharging their duties in that case within a few days entire postal system shall practically breakdown for which communication gap shall be created.

          Another factor is that in this case Post Master General is made party, andnotice was served by messenger on 19-08-2013 and it was received after proper seal of the office of the Post Master General, but Post Master General also did not care for a moment that one reply may be sent to the Forum against that allegation and it indicates Post Master General, West Bengal Circle, lost his all administrative sanctity also give some reply by sending lawyer or by sending authorized agent but Post Master General, West Bengal Circle has not challenged the allegation of the complainant.  Then we have relied upon document as filed by the complainant wherefrom we find no doubt a notice was sent from D.C.D.R.F., Kolkata, Unit-I for service of notice upon the General Manager, BSNL, Telephone Bhavan but that was not served rather it was returned by the Postal Department on the basis of note of delivery peon to the effect “Not mention Department. Insufficient address”.  But truth is that there is a very receiving counter in Telephone Bhavan on the ground floor.  Thousands of people are attending there and deliver complaint and it is being received by the said Department.  It is visible to all but delivery peon of the Postal Department failed to search out it what indicates that delivery peon did not go to that counter for delivering the same and so the remarks as made by the delivery peon are false, fabricated and truth is that delivery peon has not been delivering letters properly to the addressee.  It is their practice to note down and to refuse letters after letters by noting on the concerned letter by sitting on the Banyan tree and that is the normal picture of the delivery peon and for which the private courier has flourished by running a multi millionaire business.

          Taking into account of the above fact and materials into consideration we are convinced to hold that Postal Authority is very much reluctant to give proper service to the customers and undisputed fact is that the very practice not to entertain any depositors or customers properly and not to reply is their daily duty and for which several cases have been filed before this Forum.  But if Postal Authority would be very cautious to control their staff, in that case the above type of situation ought to have been controlled.  Our painful expression is that if Post Master General takes such positive steps by deputing such officers of their department to check the matter at random in that case such sort of conduct of the delivery peon ought to have been controlled.  But the GPO only knows when he shall have to wake up in this regard to take action.  But truth is athat for deficient, negligent and guideless activities of the delivery peon that letter was not actually tendered to the respondent counter of the Telephone Bhavan of the BSNL and so, the note as made by the delivery peon is false and fabricated but that was accepted by the OP’s Department then it is proved that the controlling officers are also supporters of such sort of dishonest delivery peon.  But they are not in a mood to give relief to the relief seekers. 

In the result, the complaint succeeds on the ground the complainant has not get service of the OP and no doubt due to negligent and deficient manner of service of the OP complainant has suffered much and for which complainant is entitled to such compensation as per provision of C.P. Act. 

Hence,

Ordered

That the complaint be and the same is allowed ex parte against the OP with a cost of Rs.2,000/- (Rupees Two thousand only).

          OPs directed to pay a sum of Rs.3,000/- (Rupees Three thousand only) as compensation for causing mental agony to the complainant for negligent and deficient manner of service of the OP.

          OP is directed to pay the litigation cost of Rs.2,000/- and compensation of Rs.3,000/- i.e. total Rs.5,000/- (Rupees Five thousand only) within one month from the date of this order by issuing a cheque of Rs.5,000/- (Rupees Five thousand only) invariably within one month from the date of this order.  If OP fails to comply the order in that case for each days delay punitive damages @Rs.100/- (at the rate of Rupees one hundred only) shall be paid by the OPs till full satisfaction of this order and degree and even for non-compliance of the same penal proceeding may be started for which OP shall be personally responsible.

          The punitive damages if collected it shall be deposited to the State Consumer Welfare Fund of this Forum.