Heard learned counsel for  both sides.

2.      Here is an appeal filedu/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to these appeals shall be referred to with reference to their respective status before the learned District Forum.

3.      It is revealed from the pleadings of both the parties that the complainant has deposited the road tax of Rs.5,220/- for his vehicle bearing Registration Nos. OR-04-E-4849 and OR -09-6262  before the OPs – Post Office to  be paid to OP No.5  towards road tax but it was not paid to the RTO, Keonjharfor  renewal of fitness certificate. Complainant alleged that due to inaction of the OPs – Postal Department the fitness certificate could not be available for the year 2010. Complainant alleged that due to non-receipt of road tax the fitness certificate expired and on being approached  OP No.5 assured to renew the fitness certificate  with penalty towards road tax deposited. Accordingly, the complainant deposited the penalty amount and got the renewal of fitness certificate. Complainant also alleged about harassment and mental agony.  As due to inaction of OPs – Postal Department the complainant suffered as such,  he filed the complaint.

4.      OPs – Postal Department appeared and filed written version stating that they have already received the amount but in delay submitted before the RTO, Keonjhar who was issued the fitness certificate  after receiving Rs. 52,046/- and there is no deficiency in service on their part.

5.      After hearing both the parties, the learned District Forum passed the following order:-
                              “xxx     xxxxxx

In the result, the  disputeis allowed against OP no.1 and 3 as well as dismissed against OP no.2, 4 and 5. The OP no.1 and 3 are directed to pay compensation of Rs.5,000/- (five thousand) to the petitioner within one month after receipt of this order, failing which the petitioner is at liberty to take shelter of this Fora for realization of the awarded amount. No cost.”

6.      Learned counsel for the appellant  who is complainant submitted that he has challenged the impugned order of the learned District Forum for enhancing the compensation amount. According to him he could not get the fitness certificate for two years due to latches of the OPs – Postal  Department. He also submitted that due to inaction of the OPs – Postal Department,  he has to pay the penalty and got mental agony. Therefore, adequate compensation should be paid to the complainant. So he submitted to modify the impugned order by enhancing the amount of compensation.

7.      Learned counsel for the respondents – Postal Department submitted that they have already complied the order of the learned District Forum. She supports the impugned order.

8.      Considered the submission of learned counsel for the   respective parties and perused the impugned order including the DFR.

9.      It is an admitted fact that  due to inaction of the OP – Postal  Department the amount was not deposited on time with OP No.5 and by that the complainant had to deposit the penalty. It is also admitted by the complainant that  the OPs have complied the impugned order. It is submitted by the learned counsel for the complainant that payment has been made on 6.4.2009 but the payment was in fact adjusted in 2010. It is submitted by  the learned counsel for the appellant that  in order to waive out the penalty, he has already taken recourse before the Hon’ble High Court of Orissa. But the necessarydocument has not been filed as to how much he has sustained loss. Since it is a case of deficiency in service on the part of the OPs – Postal Department for not depositing the amount on time, the amount of Rs.5,000/- alreadyhasbeen paid  admitting their fault to the complainant, we only allow the petition by awarding further Rs.5,000/- as litigation cost payable by the OPs – Postal Department to the complainant.

10.    In view of aforesaid discussion, we hereby allow the appeal in part by directing the OPs – Postal Department to pay further amount of Rs.5,000/- to the complainant towards litigation cost within a period of 45 days from today.

          DFR be sent back forthwith.

        Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.