Orissa

Bargarh

CC/52/2018

M/s. M.B. Enterprises - Complainant(s)

Versus

Post Master, HSG I, Bargarh Head Office - Opp.Party(s)

Sri. B.K. Panda with other Advocates

04 Dec 2019

ORDER

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Complaint Case No. CC/52/2018
( Date of Filing : 27 Jul 2018 )
 
1. M/s. M.B. Enterprises
S/o. Mahabir Prasad Mittal, aged about 52 years, R/o. Bhatli Chowk, Bargarh, At/Po/Dist. Bargarh (Odisha)
Bargarh
Odisha
...........Complainant(s)
Versus
1. Post Master, HSG I, Bargarh Head Office
Post Master, HSG I, Bargarh Head Office, At/Po/Dist. Bargarh.
Bargarh
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri. Krishna Prasad Mishra PRESIDENT
 HON'BLE MS. MISS AJANTA SUBHADARSINEE MEMBER
 
For the Complainant:Sri. B.K. Panda with other Advocates, Advocate
For the Opp. Party:
Dated : 04 Dec 2019
Final Order / Judgement

Date of filing:- 27/07/2018.

Date of Order:-04/12/2019.

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)

B A R G A R H.

Consumer Complaint No. 52 of 2018.

            M/s M.B. Enterprises represented through Prop. Prahallad Mittal, S/o- Mahabir Prasad Mittal, aged about-52(fifty two)years, R/o- Bhatli Chowk, Bargarh, At/Post/Dist-Bargarh.                                                                     .....       .....       .....               Complainant.

-: V e r s u s :-

            Post Master, HSG-1, Bargarh Head Office, At/P.O/Dist-Bargarh…….Opposite Party.

Counsel for the Parties:-

For the Complainant :-            Sri B. Panda, Advocate.

For the Opposite Party  :-                    Ex-Parte.

                                                            -: P  R  E  S  E  N  T :-

Sri Krishna Prasad Mishra       .....       .....       .....       .....       .....       P r e s i d e n t.

Ajanta Subhadarsinee             .....        .....       .....       .....       .....       M e m b e r (W).

Dt.04/12/2019.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Sri Krishna Prasad Mishra, President:-

Brief Facts of the case ;-

            The case of the Complainant in brief is that he being an unemployed person has started with an on line Business for earning his lively hood dealing with various e-commerce website by the name and style of M/s. M.B. Enterprises and providing goods to his customer through the Opposite Party, in this connection it is the mandatory duty of the Opposite Party  to send the parcels to the addresses and to collect money from the consumer and remit the same to it to the consumer in time but the case of the complainant is that till date the Opposite Party has not remitted VPMO NO-A-7639 for Rs.1,950/-(Rupees one thousand nine hundred fifty)only and A-7640 for Rs.4,550/-(Rupees four thousand five hundred fifty)only regarding which the Complainant has repeatedly reminded to the Opposite Party but to no effect further more the case of the Complainant is that the Opposite Party is supposed to deliver the parcels of goods within seven days in speed post and registered post but it is being delivered in late from 15(fifteen) to 20(twenty) days which is nothing but their negligence for which the Complainant is suffering with irreparable Loss both financially and mentally  which of such acts of the Opposite Party is alleged to be deficiencies of service thus has filed the case and has claimed an amount of Rs.6,500/-(Rupees six thousand five hundred)only due on it and an amount of Rs.30,000/-(Rupees thirty thousand)only towards compensation for mental agony and financial loss sustained by him relying on the letter sent by the Postmaster to the Superintendent of Post Offices Ahmedabad Division, Ahmedabad -382210 on dtd. 27 March 2018 vide No-PM/Genl/2018.

 

            Having gone through the complaint petition and on hearing the counsel for the Complainant the case was admitted and Notice was served on the Opposite Party for it’s appearance and version if any but even though the service of summon was sufficient the Opposite Party did not appear nor filed any version as result of which it was set ex-parte on Dt. 28.10.2019 and hearing was conducted.

 

            On perusal of the complaint and the material available in the record and on hearing the learned counsel for the Complainant it is found that the materials placed before us is undisputed and further it is strengthened having being substantiated by the letter sent by the Postmaster to it’s higher authority of Ahmedabad on dtd. 27 March 2018 which has also not being redressed by such authority and further the contents of the said letter is also referred to the allegation of the Complainant .

 

            In view of such aforesaid facts and circumstances it can be safely inferred that the allegation of the Complainant is true and genuine on hence we are of the view that the Opposite Party is proved to be deficient in rendering service to the Complainant, hence our order follows.

-: O R D E R :-

            Hence the Opposite Party is directed to pay an amount of Rs. 6,500/-(Rupees six thousand five hundred)only in lieu of his due on the it and also directed to pay an amount of Rs.3,000/-(Rupees three thousand)only towards the compensation to the Complainant for his mental and financial loss within thirty days from the date of receipt of the order, in default of which the total amount would carry an interest @ 6% (six percent) per annum till actual realization of the total amount.

            Accordingly the the order is pronounced in the open Forum and in the result the same is allowed against the Opposite Party and the same is disposed off to-day i.e. on 04.12.2019.

                                                                                                       Typed to my dictation

                                                                                                         and corrected by me.

 

                                                                                                    

                                                                                                     ( Sri Krishna Prasad Mishra)

                                                                                                                  P r e s i d e n t.           

                                                                  I agree,

 

 

                                                   ( Ajanta Subhadarsinee)

                                                          M e m b e r (W).  

        Uploaded by

Sri Dusmanta Padhan

Office Assistant, Bargarh.

 
 
[HON'BLE MR. Sri. Krishna Prasad Mishra]
PRESIDENT
 
 
[HON'BLE MS. MISS AJANTA SUBHADARSINEE]
MEMBER
 

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