BEFORE THE DISTRICT CONSUMER FORUM : WARANGAL
Present: Sri D. Chiranjeevi Babu,
President.
Sri N.J. Mohan Rao,
Member
And
Smt. V.J. Praveena,
Member.
Thursday, the 17th day of July, 2008.
CONSUMER COMPLAINT NO. 71/2007
Between:
1. Gade Sreekanth, S/o Sri Sambaiah,
Age:22 yrs, Occ: Engineering Graduate (Unemployee)
R/o H.No.2-6-1131/1, Opp. Kalyani Function Palace,
Hanamkonda, Warangal.
2. Sri Gade Sambaiah, S/o late Sri Veeraiah,
Age:57 yrs, Occ: Head Master,
R/o H.No.2-6-1131/1, Opp. Kalyani Function Palace,
Hanamkonda, Warangal.
… Complainants
AND
1. The Superintendent,
Postal Department,
Warangal.
]2. The Sub-Post Master,
Subedari Post Office,
Hanamkonda,
Warangal City.
… Opposite Parties
Counsel for Complainant : Sri K. Krishna Prasad, Advocate.
Counsel for the Opposite Parties : Sri L.J. Reddy, Advocate.
This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.
ORDER
Sri D. Chiranjeevi Babu, President.
This is a complaint filed by the complainants against the Opposte parties under section 12 of Consumer Protection Act, 1986 for a direction to pay an amount of Rs.2,00,000/- towards deficiency of service, and Rs.5,000/- towards costs.
The brief averments contained in the complaint filed by the complainant are as follows:
The case of the complainants is that complainant No.1 and 2 they are the son and father, but in this Forum they both of them filed this complaint stating that Complainant No.1 has booked RLAD No.A-188 dated 4-12-06 at the Post Office of Opposite party No.2 for which Opposite party No.2 charged Rs.25/- and issued a receipt. The RLAD containing D.D.No.932543 dated 1-12-06 for Rs.1,500/- along with application for Job with all required documents addressed to the Infotech Company, Mumbai. The said Infotech Company has fixed the written examination on 28-01-07. On enquiry, the complainants came to know that the Registered Post letter is not yet received by the Infotech Authorities at Mumbai. The complainants approached Opposite party No.2 and addressed a letter to both the Opposite parties on 24-1-07. On 31-1-07 the Opposite party No.1 addressed a letter stating that they will inform the progress of the enquiry. The complainant NO.2 lost an opportunity for obtaining job just because of the negligence of the postal authorities. The complainants got issued legal notice dated 28-2-07 to both Opposite parties claiming damages of Rs.2,00,000/- for which no reply is received. The act of Opposite parties amounts to deficiency of service. Hence, they filed this case before this Forum praying to award damages of Rs.2,00,000/- with interest and also Rs.5,000/- towards miscellaneous expenses.
The Opposite parties filed their Written Version stating that they admitted with regard to the Registered Post letter No.A-188 dated 4-12-06 for Rs.25/- and further they stated that on 4-12-06 the Opposite party No.2 office received a letter with acknowledgement addressed to Infotech Company, Akruthi Trade center, III Floor, Andheri (East), Mumbai – 410 093 which was registered as A-188 dated 4-12-06. Thereafter it was delivered to addressee as per the address i.e, Infotech Company, Akruthi Trade Center, III Floor, Andheri (East) Mumbai – 410 093 on 8-12-06. After receipt of the complaint from Complainant No.2 necessary enquiries were made which reveal the same . The Sub-Post Master, Mumbai-93 wrote a letter to that effect. A copy of the reply dated 3-9-07 received from the Sub-Post Master Chekala, MIDC Post Office, Mumbai-93 as the registered letter was delivered to the addressee. As such there is no any deficiency of service on the part of the Opposite parties. Hence, they requested this Forum to dismiss the complaint.
The complainants in support of their claim filed the Affidavit of Complainant No.2 in the form of chief examination and also marked Exs.A-1 to A-9. On behalf of Opposite parties Sri K. Ashok Kumar, filed his Affidavit in the form of chief examination and also marked Ex.B-1.
Now the point for consideration is whether there is any deficiency of service on the part of Opposite parties and further the complainant is entitled to get an amount of Rs.2,00,000/- @ interest and also entitled to get an amount of Rs.5,000/- towards costs of this petition including miscellaneous and legal expenses and with costs.
After arguments of both side counsels, our reasons are like this:
After gone through the entire averments of the Affidavits and Written Version, this Forum come to the conclusion that there is no any deficiency of service on the part of Opposite parties. Because it is true that the complainant No.1 booked a registered post No.A-188 on 4-12-06 at the Post office of Opposite party No.2, for which Opposite party No.2 charged Rs.25/- and also issued receipt and D.D. containing of Rs.1,500/- along with application for job and all required documents addressed to Infotech Company Mumbai and the said letter was already received by the Infotech Company on 8-12-06. When already the letter was received by Infotech Company on 8-12-06 where is the question of deficiency of service on the part of the opposite parties. And further in this case we have to discuss about the attitude of Complainant No.1. If really he is having any interest in this case certainly he has to come forward and file his Chief Affidavit on behalf of complainant No.1. His father Complainant No.2 filed his chief examination and alleged all the contents of what we stated supra in his Affidavit. And further in this case after filing the case before this Forum the Opposite party No.1 addressed a letter to Opposite party No.2 with regard to missing of the registered letter RLAD A-188 dt.4-12-06 addressed a letter to Post Master, Andheri (East) Mumbai. After received the same letter from Opposite party No.2 he immediately got enquiry and sent endorsed on it stating that the registered letter has been held on 8-12-06. It is mentioned in Ex.B-1 clearly ie., endorsement. When the endorsement of Opposite party No.2 clearly mentioned on Ex.B-1 we come to the conclusion that there is no any deficiency of service on the part of the Opposite parties. And further in this case we already stated in supra when complainant NO.1 he himself has no interest that is the reason only he has not filed his chief Affidavit. And further this shows that he has no interest in this case. And further with regard to deficiency, there is no any deficiency of service on the part of the Opposite parties. We accept Ex.B-1 and come to the conclusion that the Infotech Company received the registered letter and further there is no any mentioning about the D.D. amount of Rs.1,500/- what happened that amount. The amount of Rs.1,500/- was withdrawn by the complainant No.1 or it is in the bank or it is included in the account of complainant No.1, we do not know. So we do not want to comment on this, because he has not mentioned in his Affidavit. Since there is no any deficiency of service on the part of the Opposite parties, we come to the conclusion that the Opposite parties are not liable to pay damages or anything. For the foregoing reasons given by us, we are of the opinion that the complainants are not entitled to get anything and this point is decided in favour of Opposite parties against the complainant.
Point No.2: To what relief:- The first point is decided in favour of opposite parties against the complainant, this point is also decided in faovur of opposite parties against the complainant.
In the result there are no merits in the complaint filed by the complainants and accordingly the same is dismissed, but without costs.
(Dictated to the Stenographer, transcribed by her, corrected and pronounced by us in the open Forum, today the 17th July, 2008).
Sd/- Sd/- Sd/-
Member Member President,
District Consumer Forum, Warangal.
Appendix of Evidence
On behalf of Complainant On behalf of Opposite Party
Affidavit of complainant No.2 Affidavit of Opposite party filed.
EXHIBITS MARKED
On behalf of complainant
- Ex.A-1 is the Application form for the post of Software Engineer Trainee.
- Ex.A-2 is the Xerox copy of D.D. for Rs.1,500/-.
- Ex.A-3 is the original postal receipt.
- Ex.A-4 E-Mail sheets.
- Ex.A-5 Letter to Sub Inspector of Police, from complainants, dt.24-01-07.
- Ex.A-6 Letter from Customer Care Centre, Hanamkonda to Complainant No.1, dt.31-1-07.
- Ex.A-7 legal notice issued to Opposite parties, dt.28-02-07.
- Exs.A-8 Registered post slips.
- Ex.A-9 Acknowledgement due.
On behalf of Opposite parties.
Sd/-
President.
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