J U D G M E N T.
The Fact of the case in Brief:- The above named complainant has filed this case U/s 12 of the Act and stated here in the complaint petition that, the complainant’s mother namely Johra Bai received a cheque vide Cheque No-468929360002226 for a sum of Rs. 1,06,666(Rupees One Lakh Six Thousand Six hundred sixty six ) only from post Master, UPIeta S.O No.360490(Gujrat) under postal saving scheme on account of the Maturity of policy. The account of the Mother of the complainant in Central Bank of India run in the name of Johra Bai but the Sub Post Master UPLETA S.O has issued the cheque in question in the name of Johra Bai Jikar Abala, Due to differ the name in the face of the cheque. The cheque has not been encashed in favour of the complainant ‘s mother and the issuing Bank has advised them for rectification of the name as per account holder name of the issuing Bank, Then we submit the rectified cheque for encashment.
That as per advise of the Bank the complainant has consult for the cheque through his relative of Nanded Maharastra and send the cheque by speed post at that time validity of the cheque was already lapsed within few times later.
The complainant has send the cheque by speed post vide No-ED669478975 on 24.08.2015 to address Md. Afzal Qayyumbabla C/o-Dilip Vital Rao Pensalwar New Venkatesh Jewelers, Sarafa bazer, Nanded through the transaction office of OP No. 1 and acknowledge the receipt against the speed post in favour of the complainant.
The Complainant has send the cheque for rectification on 24.08.2015 and four months already lapsed still the speed post article has not yet been delivered to the addresse by the Ops and on dated 05.10.2015 the complainant has lodged a complaint through wave based customer grievances handling system vide complaint No-100065-44774 dt. 05.10.2015. In response to the complainant OP No.2 has send a letter the trace out the send in timely by speed post OP No.3 has failed to delivered the item though he has received the same on 29.08.2015.
For the above complaint the complainant in this case has pray for compensation to the Ops before the Hon’ble Forum for their negligence for harassment and mental agony.
- Cost of the cheque 1,06,666/-( One Lakh Six Thousand Six hundred Sixty Six) only due to non-delivery .
- Realization of Speed Post fees with interest.
- Rs.70,000 seventy thousand for harassment and mental agony caused by the Ops.
- Cost of the present Complaint Rs.10,000
The Petitioner/ Complainant has filed the documents as under:-
- Web based customer complaint dated 05.10.2015.
- Letter issued by S.P Post office Bhawanipatna to the Manager N.S.H Aurangabad (Gujrat)
The O.P. No. 1 & 2 appeared before the Forum on dated 19.04.2016 and filed their version on dated 10.05.2016.
The O.P. No. 1 Postmaster Khariar Road has admitted that he has sent the Speed Post to Nandod as per the addressee filed by the complainant and the O.P. No. 2 has trace out and filed his version on dated 14.08.2015 we dispatch your letter of Speed Post it revealed that the article has been lost in transit and you are requested to submit claim of compensation as per rule for loss of speed post article.
The O.P. No. 2 has stated and filed their report of inquiry about the matter. The bag was closed on dated 25.8.2015 at Sambalpur and found received on 29.8.2015 by N.S.H. Aurangabad vide Article No. 669478975IN at Sl. No. 2/3. The concerned officials had failed to report in daily report and it was not trace out by despatch side may loss during the time of transit.
The No. 1 & 2 has argued through his Counsel that the information furnished by the complainant in regard to deficiency in service the O.P. No. 1 & 2 send the items to the addressee as stated on the envelope and O.P. No. 2 has given the status of the letter of Speed Post that it was received by the O.P. No. 3 on dated 29.8.2015 as information collected from the department and show his record and filed in version. So in no way O.P. No. 1 & 2 is responsible for any loss and misplace of the Speed Post article of the complainant.
The O.P. has submitted that the complainant alleged about the loss of the cheque. The O.Ps are not aware of the contents of the Speed Post articles. The O.P. has not suppressed the facts of the delivery of the article rather the complainant has suppressed the facts as the article inside the envelope of Speed post in question.
The Post Office (O.P.) is under Govt. of India and the O.P. submitted that there is no contractual liability in this case and Post Office is not treated as a common carrier it is for service does not engaged in commercial service for sender by Speed Post article. Govt. of India has liable for any loss during transit or mis-delivery of the article. It is not contractual but statutory in nature. The charges taken by post office for transit articles is charges for enforcement of the facilities by the State Govt.
The O.P. has filed a relied decision of National Commission New Delhi vide Revision Petition No. 4567 of 2012 for loss of article caused by fraudulently or willfully or default. The department is not liable for loss of article of the complainant.
The Hon’ble Forum has observed the case after verification the record that the cheque in question was issued on 26.05.2015 for rectification of issuing Bank. Three months before the cheque was in the hands of the complainant and the complainant has never mentioned the inside article of the Speed Post before the O.P. No. 1 & 2 and wrong name on the face of cheque by issuing Bank which is not within the jurisdiction of this Forum and O.P. No. 1 & 2 both send the Speed Post in time and it was reached on 29.08.2015 as per the information of Web based complaint and departmental inquiry of the O.Ps.
Though non-delivery of a Speed Post article is deficiency in service of the O.Ps. The O.P. No. 3 & 4 liable for the loss or misplace of Speed Post. The O.Ps. has not knowingly or willfully do something for its non delivery of the speed post article. So the complainant has not come to the Court in a clean hand rather suppress the material facts to the O.Ps. even the Court.
O R D E R.
The OP No.3 & 4 has directed to pay Rs. 50/-( Rupees Fifty ) only towards speed post charges of the letter and Rs. 2,000/-( Rupees Two thousand ) only towards cost of litigation along with Rs. 2,000/- (Rupees Two thousand ) only towards harassment and mental agony .The case is disposed off accordingly.
Judgment pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 11th day of July 2017.
