Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 2072 of 2008

1- Union of India through Post Master General, Bareli.

2- Senior Superintendent of Post Offices, Muzaffar Nagar.

3- Post Master, Head Post Office, Shamli,

    District Muzaffar Nagar.                                …Appellants.

Versus

Puran Chand Arya s/o Sri Paras Ram,

Secretary, Argya Samaj Mandir, R/o MSK

Road, Dhimanpura Shamli, Pargana and

Tehsil, Shamli, District, Muzaffar Nagar.       .…Respondent.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Smt. Sudha Upadhyay, Member.

Sri Vishal Chaudhary, Advocate for the appellants.

Sri A.K. Singh, Advocate for the respondent.

Date  17.9.2024

JUDGMENT

Per Smt. Sudha Upadhyay,  Member-   This appeal has been filed against the judgment and order dated 6.9.2008 passed by the Ld. District Forum, Muzaffar Nagar in complaint case no.366 of 2005, Puran Chand Arya vs. Mahaprabhandhak, Bhartiya Dak  Tar & 2 others, whereby the defendants were directed to pay Rs.5,000.00, the amount of money order which was never received by the addressee and further directed to pay Rs.5,000.00 for mental agony.

          As per the allegation of the complaint, a money order for Rs.5,000.00 was sent through defendants to Mr. Ram Krishna Mittal through Arya Samaj, Shakti Nagar, Amritsar (Punjab) who was suffering from fracture and getting the treatment but due to scarcity of amount could not get the proper treatment since he never received the money order amount.   

The defendants accepted to received Rs.5,000.00 for

sending to Mr. Ram Krishna Mittal but contended that this money order was received by the addressee on 31.3.2005.

Upon appreciation of evidence the ld. District Consumer Forum concluded that the money order amount was never received by the beneficiary and accordingly directed the defendants as mentioned above.

The ld. counsel for the appellants submitted that money order was delivered on 31.3.2005 to the beneficiary. It is the practice of the postal department that the postman received the signature of the beneficiary who received the amount of money order but since there is no receipt or acknowledge regarding the payment of money order, hence there is no occasion to interference with the judgment and order passed by the ld. District Consumer forum. The appeal deserves to be dismissed.                                   

ORDER

          Appeal is dismissed. The judgment and order dated 6.9.2008 passed by the Ld. District Forum, Muzaffar Nagar in complaint case no.366 of 2005, is confirmed.

If any amount is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be remitted to the ld. District Consumer Forum concerned as per rules alongwith accrued interest upto date.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.        

       (Sudha Upadhyay)                           (Sushil Kumar)                              

                Member                                 Presiding Member

Jafri, PA I

Court 2