1. Brief fact of the case of the complainant is that on 13.11.2017 he remitted an amount of Rs. 5,000/- by paying commission of Rs. 250/- for the purpose of medical treatment of his aunt who is resided at Biswanathpur, P.O.Murgachha, Dist. Nodia, West Bengal in the office of O.P. No. 1 vide eMOPNR No. 088270171113011613, but the said amount did not remitted to his aunt till date.It is alleged that inspite of repeated approaches made to the O.P.No.1, he could not satisfy the question of the Complainant, for which on 13.12.2017 he made a written complaint to the O.P. No. 2 but without taking any action to his complaint, they kept silent over the matter, rather in the first week of February, 2018 while on approach to the O.P. No.1 regarding non remittance of the above amount, the O.P. No. 1 roughly behaved him infront of the public standing in the office premises, thus alleging deficiency in service, he filed this case with a prayer to direct the O.Ps to remit Rs. 5,000/- to the payee or refund the said amount with 18% interest and Rs. 50,000/- towards compensation and Rs. 5,000/- towards costs of litigation to him.

2. On the other hand, the Opp. Parties have appeared in this case and filed their joint counter admitting the deposit of Rs. 5,000/- by the complainant for remittance the same to his aunt who is resided at Biswanathpur, P.O. Muragachha, Dist. Nodia, West Bengal vide eMO No. 088270171113011613 on 13.11.2017.  It is contended that the O.P.No.2 after receipt the complaint from the complainant, on 01.05.2018 raised a complaint vide no. 754000-05814 to the Nadia North Postal Division through email on 02.05.2018 and through their office letter no. CR/Malkangiri MDG/2014-15 dated 23.05.2018 and since no response was received from the concerned post office, they brought the matter to the notice of Postmaster General, Kolkatta Region, Kolkatta vide their letter no. CR/Genl-Corr/2017-18 dated 07.06.2018 and reminded the same on 13.06.2018 and 02.07.2018 for taking early necessary action.  Further as per provisi0n of Section 6 of the Indian Post Office Act, and with other contentions, they have prayed to dismiss the case against them.

3. Parties to the present disputes have filed certain documents in support of their submissions and contentions.  Heard from the parties at length and perused the case records and documents available therein. 

4. In the instant case, it is an admitted fact that the complainant, on 13.11.2017 deposited an amount of Rs. 5,000/- with commission of Rs. 250/- for remittance to his aunt resided in the village Biswanathpur, P.O. Muragachha, Dist. Nadia, West Bengal vide eMO PNR No. 088270171113011613 dated 13.11.2017.  Complainant has filed document to that effect.  Due to non remittance of the said money to the payee, he lodged a complaint with the O.P.No.2 on 13.12.2017. Complainant also filed to that effect. From the above documents it is clearly evident that the complainant has deposited an amount of Rs. 5,000/- with commission of Rs. 250/- with the O.P.No.1 on 13.11.2017 specifically for the medical purpose of his aunt, but the same was not remitted to the payee for which, on 13.12.2017 the complainant lodged a complaint to that effect. And the said fact is also admitted by the O.Ps in their counter.  As such, it is prima facie established that the remittance amount was not remitted to the payee till the filing of the present case.

Further the contentions of O.Ps is that on receipt of the complaint from the complainant, the O.P.No.2 immediately raised a complaint to the concerned post office of Nadia Dist. vide their complaint no. 754000-05814 dated 01.05.2018 and also he has reminded the concerned post office so also the Post Master General, Kolkatta on dated 13.06.2018 and 02.07.2018.O.Ps have filed documents to that effect. From the above documents it is clearly established that the O.Ps have taken steps to resolve the grievance of the complainant, after initiation the present case.

5. If the submission of OPs is taken into consideration, than in our view, it is the first and foremost duty O.P.No.1 who received the amount from complainant for its remittance to the payee who is residing in the village Biswanathpur of Nadia Dist., to make an enquiry for such non remittance of the said amount in time to the payee with immediate effect

when he receives complaint from the complainant, as the said amount was specifically sent for medical purpose. But without taking any steps prior to filing of the case, the O.P. No.1 has compelled the complainant, who is an old man of 71 years, to move to their office times and again, and finding no reliefs from the O.P. No.1, the complainant was compelled to make written correspondences with the O.P.No.2 and waited till today.From the above fact, we think that the O.P. No.1 is totally ignored to provide his better service to those customers who depend on them for their need, so also the O.P.No. 1 have forgotten that the Department of Post is set up by the Central Govt. only to provide postal service to the general public and in that lieu, the staffs and other concerned department are getting salaries from the Central Govt.But remaining silent for a period of more than 6 months, is clearly proves the inefficiency in work and negligence in duty on the part of the O.P.No.1, and for their own inactivity, they cannot hide their fault and cannot take advantage of the provisions U/s 6 of their Act and for that one should not be mentally harassed.In the case in hand, O.Ps have showed their inefficiency in work by not providing better service in time or else, they could have arranged some other sources to remit the hard earnings of the complainant which was sent exclusively for the medical purpose of his aunt, who requires the amount in her need.Thus, the plea of OPs to the effect that they have tried to contact with the concerned post office of Nadia Dist. also to the P.M.G., Kolkatta Region at a belated stage, in other way, it is can be said that the O.Ps could have done prior to raising of present dispute, as such the pleas of O.Ps is not sustainable in the eye of law.   

6. Further the provision U/s 6 of Indian Post Office Act emphasizing as “6. Exemption from liability for loss, misdelivery, delay or damage – The [Government] shall not incur any liability by reason of the loss, misdelivery or delay of or damage to, any postal article in course of transmission by post, except in so far as such liability may in express terms be undertaken by the Central Government as hereinafter provided; and no officer of the Post Office shall incur any liability by reason of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his willful act or default”.

But in the instant case, the O.P.No.1 did not take any proper steps to find out the reasons for non remittance of the alleged amount to the payee, though he has received complaints from the complainant many a times.Further it is found that the O.P.No.2 without making enquiry with the O.P.No.1 regarding non remittance of alleged money as per complaint lodged by the Complainant, he simply made it by pass to the Post Master General, Kolkatta Region, whereas, the O.Ps could have sorted out the solution at the ground level by sending the amount deposited by the complainant in any other way, but without doing so, they have intended to play hide and seek game and to put mentally pressure on the complainant, which, in our view, is clear case of willful act, hence the provisions of Section 6 of Indian Post Office Act adversely implied on the O.Ps.

In this connection, we have fortified with the verdicts of Hon’ble National Commission in the case between Post Master Reanipet HO and another Vrs Shri N.B. Janakiram, wherein it is held that “Consumer Protection Act, 1986 – Section 2(1)(g) – deficiency in service – Indian Post Office Act –section 48(c) – telegraphic money order sent by the complainant to his son – it reached two months later – State Commission after examining whole aspect of the matter directed payment of Rs.5,000/- as compensation and Rs.1,000/- as cost to the complainant – default of two months in sending the telegraphic money order could also a willful act – for this gross act of default in not sending the telegraphic money order in time after receiving charges of  

the same, respondent has certainly suffered a great deal of anguish and mental harassment – instead of taking action against its officers for their default and willful act, appellants have chosen to file this appeal questioning the order or the State Commission – appeal dismissed.

Further we would make it clear that the above provision under section 6 of their Act only give immunity to the O.Ps only if there is willful act or any default on the part of any officer or any officer of the post office.And in the instant case, the O.Ps. have miserably failed to establish that the delay of remitting the alleged amount of Rs. 5,000/- to the payee occurred only to due to any machinery problem or any lack of communication, rather the O.Ps are totally silent over the matter.Further, it is also prima facie evident that the O.Ps have started enquiry about non remittance of the alleged amount after receiving the notice from the Fora.No circumstances have been brought on record by the O.Ps to show that there has not been any willful act or default on the part of any of its officers.Further the O.P.No.2 without making any enquiry with the O.P.No.1 regarding non remittance of the alleged amount to the payee, have cunningly tried to make it by pass to the Post Master General, Kolkatta Region and till date no proper action was taken by him in this regard. As such we feel, not providing better service by the O.Ps to the complainant, the O.Ps have proved deficiency in service on their part, for which, the complainant, being an old man of 71 years, must have suffered mental agony as the alleged amount was only meant for the medical purpose and was compelled to seek redress before this Fora.

7. Further, the allegation of complaint is that the said amount of Rs. 5,000/- was to be remitted only for the medical treatment of his aunt Renuka Rani Biswas, who was in need of amount during the said period, due to non remittance, the complainant has lodged a written complaint on 13.12.2017 to the O.Ps which was also acknowledged by them, but since they have not taken any proper step to provide their best services, the money of complainant could not remitted in time and due to non remittance of the said amount, he has suffered mentally agony, physical harassment.  It is an ironical truth that at the time of medical urgency and treatment, definitely one person became hopeless and helpless if he does not have any financial source.  Due to non remittance of money, definitely the purpose of remittance could not fulfilled and the aunt of the complainant must have faced financial problems during her need, and so also physical and mental agony suffered by the complainant in such situation is quite understandable.  In the case between Surinder Singh Vrs. Post Master General reported in 1991 (I) CPR 507, the Hon’ble State Commission has also clearly held that “x x x x x The physical and mental agony suffered by a father in such situation is quite understandable and it would be just and reasonable to order compensation of Rs. 5000/- on this account”.  Hence, it can be  safely concluded that in the case in hand, the complainant must have suffered some mental agony and also filed this case incurring some expenditures, for which he is entitled some compensation and costs.  Considering his suffering, we feel a sum of Rs. 5,000/- and Rs. 1000/- towards compensation and costs, will meet the end of justice.
   
                                                                                          ORDER
   Considering the fact and circumstances of the case, the present case is allowed in part and the O.Ps being jointly and severally liable are directed to refund the remittance amount of Rs. 5,000/- alongwith its charges of Rs. 250/-, if not remitted to the payee on the day of receipt of this order and to pay compensation of Rs. 5,000/- and Rs. 1000/- towards costs within one month from the date of communication of this Order, failing which, the remittance amount of Rs. 5,000/- shall carry interest @ 10% p.a. from the date of deposit i.e. 13.11.2017 till payment.

               Pronounced in the open Forum on this the 20^th day of August, 2018.

Issue free copy to the parties concerned.