Delhi

East Delhi

CC/833/2013

PURUSHOTTAM KUMAR - Complainant(s)

Versus

POST MASTER - Opp.Party(s)

11 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  833/13

 

Shri Purushottam Kumar

2^nd Floor, Krishna Sadan

USB 327, Mandawali

New Delhi – 110 092                                                    ….Complainant

 

Vs.

 

1. Post Master

Laxmi Nagar SO (East Delhi)

Delhi

 

2. Assistant Director

    QS, Delhi.                                                                       ….Opponent

 

 

Date of Institution: 24.09.2013

Judgment Reserved on: 11.07.2017

Judgment Passed on: 12.07.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Shri Purushottam Kumar against Post Master, Laxmi Nagar SO (East Delhi) (OP-1) and Assistant Director, QS, Delhi (OP-2) under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainant have stated that on 28.05.2013, Sri Venkateswara College had dispatched a speed post to the complainant, which was delivered to him on 10.06.2013.  The packet consisted of admit card.  The written test was scheduled on 09.06.2013. 

          He has further stated that due to fault of India Post, he missed a golden opportunity to grab a job of his interest and as he was close to 30 years, it may be possible that he may not get again such opportunities.  He wrote a number of times to India Post officers, but they did not reply.  He followed the hierarchy of India Post, but it was in vain.  The responses of India Post have given him extreme mental tension.  He filed a complaint with India Post on 10.07.2013 having number 10005418319, which was closed on 07.08.2013.  Thus, he has prayed for compensation of Rs. 5,00,000/-, though the loss suffered was uncompensatory in nature.

3.       Notice of the complaint was given to OP.  They put the appearance, but did not file any reply and absented themselves from the proceedings.  Thus, they were proceeded ex-parte.

4.       In support of its case, the complainant have examined himself on affidavit.  He has narrated the facts, which have been stated in the complaint.

5.       We have heard the complainant and Ld. Counsel for OP, as they subsequently used to appear. To ascertain whether there was delay in postal service or not, the documents placed on record have to be gone into.  If a look is made to the admit card, sent by             Sri Venkateswara College, it is noticed that the complainant was required to appear for written test on 09.06.2013.  The track report, which has been filed in respect of envelope containing admit card, it has been noticed that this article was booked on 28.05.2013 at Chanakyapuri from where it was sent to New Delhi on the same day.  From New Delhi, it reached to Laxmi Nagar SO on 29.05.2013.  it went back to Chanakyapuri on 05.06.2013.  Again this item was delivered from Laxmi Nagar on 10.06.2013.  It means that the envelope containing the admit card was delivered to the complainant on 10.06.2013, which was after his written test on 09.06.2013.  Not only that, he has lost chance to contest for the post of Assistant Registrar. 

          Thus, the fact remains that there was delay on the part of OP in delivering the envelope to the complainant, which resulted in not appearing in the written test.  Therefore, this amounts to deficiency of service on the part of OP.  Due to this deficiency, the complainant have suffered mental pain and agony.   Though, the complainant have claimed an amount of Rs. 5,00,000/-, this compensation seems to be exorbitant.  Though, the loss suffered by the complainant cannot be compensated in terms of money, the complainant is awarded compensation for a sum of Rs. 10,000/-, which includes the cost of litigation. 

          This order be complied within a period of 45 days. If not complied, the amount of compensation shall carry interest @ 6% p.a. from the date of order. 

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

 

 

(SUKHDEV SINGH)

                                                          President