IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 30th day of September, 2015
Filed on 28.11.2014
Present
- Smt. Elizabeth George (President)
- Sri. Xavier Antony (Member)
- Smt Jasmine D (Member)
in
C.C.No.320/2014
between
Complainant:- Opposite Parties:-
Sri. Varghese M.H. 1.Office of the Senior Superintendent
Moulaparambil RMS TV Division
Canal Ward Thiruvananthapuram – 695036
Alappuzha – 688 007
2. Customer Care Centre
Superintendent of Post Officers
Alappuzha Division
Alappzuha – 688 012
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
On 25.6.2014 complainant had sent a parcel of 14.5 kg containing fabrics items and snacks to his son at China through speed post No. EL 03035 8732 IN. But it was not delivered to the addressee. According to the complainant he has paid Rs.4,732/- towards postal charge and the value of the items sent amounts to Rs.19,000/-. Hence the complaint is filed claiming Rs.23,732/- towards costs of the article and Rs.50,000/- towards pain and suffering and Rs.3000/- costs of the proceedings.
2. The version of the first opposite party is as follows:-
The complaint on 7.7.2014 regarding non receipt of article at destination was received to the Superintendent of Post offices, Alappuzha division (SP, Alappuzha Division for short) vide their letter No. CCC/CR/603/14/15 dated 23.10.2014. In this letter SP, Alappzuha division mentioned that a complaint had been received from Sri. Varghese. M.H., Moulaparambil, Canal Ward, Alappuzha – 688 007 and the complaint was duly registered in the web No.688000-03979, the sender was asked to advise the addressee to collect the article from the customs but in reply, the complainant intimated that the addressee is a student and it is not possible for him to collect the article from the customs. The same was updated by SP, Alappuzha Divison in the web. Therefore it is clear that India post has sent the article safely to the destination country and no service default can be attributed on the Post Office in India. Hence no liability/responsibility falls upon India post and therefore the complainant is not eligible for any compensation/refund. IPS web on 23.10.2014 and as per this track report, the article was seen received at the office of the exchange at Beijing EMS on 29.6.2014 at 9.25 p.m. and was sent to China Customs on 2.7.2014 and still retained there with remark others. The destination customs and origin customs are outside the control of the postal administration and therefore in such detained cases, the addressee usually gets a written communication from the customs authorities. If not, it is the sole responsibility of the addressee to clear the article from the customs. The non delivery of the speed post article was not caused by willful or negligent act of any officer of the postal department.
3.The version of the second opposite party is as follows:-
On 7.7.2014 complainant approached the second opposite party and submitted a written complaint about non-delivery of the said speed post article along with copy of the receipt issued by Alappuzha RMS, in proof of booking of the article.Immediately on receipt of the complaint, this opposite party took necessary action by tracking in the India Post Website to find out the disposal of the said article.Enquiries made revealed that the article was dispatched through the office of exchange, ie., Chennai EMS on 27.6.2014 and that the same had reached Beijing EMS on 29.6.2014.Further, it was seen that the article was sent to China Customs where it is retained still with reason as ‘other’.It is replied by Chennai International Speed Post Concentration Centre, Chennai in the web that the article under complaint is held by China Customs and instructed to ask the addressee to clear the article from the Customs.On the basis of this reply, the complainant was telephonically informed about the facts several times & also addressed vide letter No.CCC/CR/6-3/14-15 dated 5.9.14 and requested him to advise the addressee to take delivery of the article from China Customs. The speed post article booked at Alappuzha RMS Counter under the administrative jurisdiction of the first opposite party was correctly dispatched to the destination without any delay from Chennai EMS.It is submitted that as the speed post article had been sent to the proper destination, there is no liability on the part of the opposite parties.Also, there is no deficiency in service on the part of the opposite parties in the circumstances of this case.
4. The complainant was examined as PW1. Documents produced were marked as Exts.A1 to A4. The first opposite party was examined as RW1. The documents produced were marked as Exts.B1 to B13. Two witnesses were examined as RW2 and RW3.
5. The points came up for considerations are:-
- Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainant is entitled to get relief and cost?
6. It is a case in which the complainant sent two parcels through speed post service rendered by the opposite party on 25.6.2014 to his son’s address at China. One of the said parcels was duly delivered to his son and the complainant’s case is that other parcel is not yet delivered to his so. The present complaint is alleging defect and deficiency in service on the ground that one of the parcels is not delivered to the son of the complainant at China. On going through the version filed by the opposite party it is revealed that the parcel which not delivered to the son of the complainant is held up in the Customs Department at China. Ext.B1 produced by the opposite party is a form to be filled and affixed by the customer on the article to be sent through parcel service; wherein clear instructions are printed at the foot of the form to be filled by the customer. In the instruction it is clearly stated that,
“To clear your item, the customs in the country of destination need to know exactly what the contents are. You must therefore complete your declaration fully and legibly, otherwise, delay and inconvenience may result for the addressee. A false or misleading declaration may lead to fine or to seizure of the item. Your goods may be subject to restrictions. It is your responsibility to enquire into import and export regulations (prohibitions, restrictions, such as quarantine, pharmaceutical restriction etc.) and to find out what documents if any (commercial invoice, certificate of origin, health certificate, licence authorization for goods subject to quarantine (plant, animal, food products etc.) are required in the destination country. Commercial item means any goods exported/imported in the course of a business transaction, whether or not they are sold for money or, exchanged.
(1) Give a detailed description of each article in the item, eg “men’s cotton shirts”. General description. Eg. “Spare parts” “samples” or “food products” are not permitted.
(2) Give the quantity of each article and the unit of measurement used.
(3) And (4) give the net weight of each article (in Kg.). Give the total weight of the item (in Kg.) including packaging, which corresponds to the weight used to calculate the postage.
(5) And (6) Give the value of each article and the total, indicating the currency used (e.g. CHF for Swiss francs)
(7) and (8) the H.S tariff number (6 digit) must be based on the Harmonized Commodity Description and Coding system developed by the World Customs Organization. “Country of origin” means the country where the goods originated. E.g. were produced/manufactured or assembled. Senders of commercial items are advised to supply this information as it will assist Customs in processing the items.
(9) Give the amount of postage paid to the item. Specify separately any other charges, e.g. insurance.
(10) Tick the box or boxes specifying the category of item.
(11) Provide details if the contents are subject to quarantine (plant, animal, food products, etc.) or other restrictions.
(12), (13) and (14) if your item is accompanied by a licence or a certificate tick the appropriate box and state the number. You should attach an invoice for all commercial items. (15) Your signature and the date confirm your liability for the item.”
In the instant case the complainant has alleged in the complaint as well as in the proof affidavit that,
In the cross examination, the complainant has deposed that, “
According to the opposite party, the fish and meat are prohibited items from exporting. As per the guidelines on prohibition and restriction applicable to the Indian Customs (marked as Ext.B10) in China the importation of ‘food stuffs’ is prohibited. From the available evidence in this case it has come out that the articles sent are textile and other items and food items. It has also come out in evidence that the articles sent two different parcels and one of the parcel is admittedly delivered to son of the complainant. It is curious enough to notice that complainant did not disclose which parcel that his son has received. The foregoing facts and evidence leads to an irresistible inference that the parcel held up at custom’s office at China is nothing but containing meat and fish and the reason for the non delivery is quite evident from the foregoing discussion regarding the customs rules and regulations. It is significant to notice that the both articles booked by the complainant for delivery at China reached the destination and one of the article is delivered to the addressee and other article is being kept in customs department China and intimation is also served to addressee for taking delivery. There is valid reason for detaining the delivery articles by the Customs department at China. As per “Prohibitions and Restrictions: Apply to individual countries in China importation of Cotton, silk, woolen materials, and synthetic fiber materials; a foodstuff is restricted Ext B10 evidenced the same.” In the circumstances stated above there is no justification for the complaint to complainant non delivery of the article or for the return of the non delivered article. It is pertinent to notice that the opposite parties intimated that fact that the article is held up at China customs it can be taken by the addressee, but the complainant did not taken initiative for the same. The reason stated for not taking the delivery is not sound and logic. In the light of the above discussion, we are of considered view that there is no defect and deficiency in service from the part of the opposite parties.
In the result, complaint is dismissed.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced
in open Forum on this the 30th day of September, 2015
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt. Jasmine D (Member)
Appendix:-
Evidence of the complainant:-
PW1 - Varghese M.H. (Witness
Ext.A1 - Postal receipt
Ext.A2 - Complaint – Acknowledgment dated 7.7.14
Ext.A3 - Letter dated 23.10.2014
Ext.A4 - Copy of the letter dated 25.11.14
Evidence of the opposite parties:-
RW1 - Amvarjan (Witness)
RW2 - Jayasree P.M. (Witness)
RW3 - Rahul G.R. (Witness)
Ext.B1 - India post Customs declaration
Ext.B2 - Copy of the letter dated 23.10.14
Ext.B2 (1) - Non receipt of the parcel
Ext.B3 - Copy of the e-mail page 1
Ext.B4 - Copy of the e-mail page 2
Ext.B5 - True copy of the Annexure R – IV
Ext.B6 - True copy of the Annexure R – V
Ext.B7 - True copy of the Annexure R – VI
Ext.B8 - True copy of the Annexure R – VII
Ext.B9 - True copy of the Annexure R – VIII
Ext.B10 - True copy of the Annexure R – IX
Ext.B11 - True copy of the Annexure R – X
Ext.B12 - True copy of the Annexure R – XI
Ext.B13 - True copy of the Annexure R – XII
Ext.B14 - Copy of the non receipt of the parcel
Ext.B14 (a) - Copy of the postal receipt
Ext.B15 - Copy of the e-mail dated 28.4.2015
Ext.B16 - Copy of the letter dated 7.7.14
Ext.B17 - Copy of the e-mail dated 22.9.14
Ext.B18 - Copy of the letter dated 5.9.14
Ext.B19 - Copy of the letter dated 8.9.14
Ext.B20 - Copy of the letter dated 12.9.14
Ext.B21 - Copy of the letter dated 23.10.14
Ext.B22 - Copy of the letter dated 25.11.14
Ext.B23 - Copy of the letter dated 20.4.15
Ext.B24 - Copy of the India Post Customs declaration
Ext.B25 - Copy of the postage paid port payee
Ext.B26 - Copy of the order dated 349/2005
Ext.B27 - Copy of the Revision petitionNo.4567/12
Ext.B28 - Copy of the Revision petition No.3591/2009
Ext.B29 - Copy of the Revision petition No.2043/2012
// True Copy //
By Order
Senior Superintendent
To
Complainant/Oppo. parties/S.F.
Typed by: - pr/-
Compared by:-
