By G. Yadunadhan, President:

            The case of the complainant is that on 4.5.2007, complainant sent a letter through opposite party by speed post to Thiruvananthapuram as per Address “ Ms. Varonica Pothen, Vadakekalam, A.N.86, T.P. Road, Pattam, Trivandrum, Ph: 2446109”.  The letter was received at Trivandrum on 5.5.2007.  The said letter contained 3^rd A.C. Sleeper Coach Railway Ticket to her husband, who is supposed to travel from Trivandrum to Calicut on 6.5.2007 at 6.30 pm.  Due to the non-delivery of the letter received by the opposite party on 5.5.2007, complainant suffered great hardship and mental injury.  Complainant’s husband took another ticket for Rs.435/- by giving the PNR number of the same, which already have been issued.  Therefore, complainant is seeking compensation of Rs.5000/- and the ticket fare, which is already been paid to the Railway.

            Opposite party filed version stating that the complainant had booked speed post article No. EE 766324417 IN addressed to Ms. Varonica Pothen, Vadekekalam, A.N.86, T.P. Road, Pattom, Trivandrum at Speed Post Counter, Calicut on 4.5.2007.  It was entrusted to Postman for delivery on the same day.  But it could not be delivered as the house No. furnished was not correct.  The effort made by the Postman to contact the addressee over phone also did not bear fruit.  The complainant then contacted the postman over his mobile and gave the correct house number.  The postman approached the addressee on 8.5.2007.  But she refused to take delivery.  Hence the letter was returned to the sender.  There was no willful negligence on the part of the agent.  It was the incorrect  house number that had caused the delay in delivery.  Therefore opposite party prayed to dismiss the case.

            Complainant was examined as PW1.  Exts. A1 to A5 were marked on the side of the complainant.  Opposite party filed version but at the time of evidence called absent and set exparte.  From the evidence of the complainant and Exts. A1 to A5, complainant’s case is proved. 

            In the result the petition is allowed and the opposite party is directed to pay an amount of Rs.520/-, which is already remitted for purchasing railway ticket for the purpose of travelling in 3^rd A.C. sleeper coach of Malabar Express from Trivandrum to Calicut on 6.5.2007 at 6.30 pm.  Due to the negligent act of the opposite party, complainant had incurred an amount of Rs.1055/- towards ticket charges.  Therefore,  the opposite party is further directed to pay a compensation of Rs.3000/- and cost of Rs.200/- to the complainant.

            Pronounced in open Court this the 29^th day of December 2008.

                                    Sd/-President                                  Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1            Railway ticket No.50079444.

A 2       A portion of railway ticket.

A3        Excess fare ticket No.D 701433.

A4        Letter from K.G. Balakrishnan, Officer on Special Duty , Office of the Post Master

            General, Northern Regiona, to the complainant.

A5            Telephone Bill No. in respect of telephone No.2432612.

Documents exhibited for the Opposite party:

Nil.

Witness examined for the complainant:

PW1     Gracy Vincent, D/o. Chacko Joseph – Complainant.

None.

-/True copy/-

Sd/-President

(Forwarded/By Order)

Senior Superintendent.