BEOFRE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO. 345 of 2014
DATE OF INSTITUTION: - 11.12.2014
DATE OF ORDER: - 31.01.2017
Sandeep aged about 26 years son of Sh. Lok Ram, resident of village Jagram-Bass, Post Office Dalawas, tehsil Badhra, District Bhiwani.
……………Complainant.
VERSUS
- The Chief Post Master, Main Post Office, Clock Tower, Bhiwani.
- The Post Master (Incharge), Post Office Badhra, tehsil Badhra, District Bhiwani.
- Postman, Post Office Dalawas, Tehsil Badhra, District Bhiwani.
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE :- Shri Rajesh Jindal, President
Ms. Anamika Gupta, Member
Present:- Sh. D.V. Lamba, Advocate for complainant.
Sh. Manoj Kumar authorized representative for Ops.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that on dated 25.03.2013 he had applied for the post of key man/petrol man in the office of Superintending Engineer (Public Health) Circle Office, Bhiwani, under procedure of law. It is alleged that after filing the prescribed performa application for the post of keyman/patrolman, he also deposited the requisite fee of Rs. 50/- vide Indian Postal Order bearing No. 75G-132955 and sent the same through registered post, vide postal receipt no. RH 11576361 61N on dated 25.03.2013 through OP no. 2. It is alleged that the last date for depositing the application form in the office of Superintending Engineer Circle Office, Bhiwani was 28.03.2013 but the complainant was surprised when the OP no. 3 came to his house and returned the envelop which was deposited by the complainant in the office of OP no. 2 with the correct address of the concerned authority but the same was not sent to the given address & the same was returned to the complainant on next day. The complainant further alleged that due to the act and conduct of the opposite parties, he had to suffer mental agony, humiliation and physical agony. Hence, it amounts to deficiency in service on the part of OPs and as such he had to file the present complaint.
2. Opposite parties on appearance filed written statement alleging therein that a registered article bearing No. RH115763611IN was booked on 25.03.2013 at Badhra Sub Post office and addressed to S.E. Public Health Bhiwani. It is submitted that the article in question was dispatched to Charkhi Dadri on 25.03.2013 itself as the mail of Badhra sub post office is sent through Haryana Roadways buses to Charkhi Dadri due to delay in plying of Haryana Roadways bus on 25.03.2013 the bag containing the article in question was received late at Charkhi Dadri hence it was not dispatched to Bhiwani on the same day due to Holi and Fag on 26.03.2013 & 27.03.2013, the Haryana Roadways buses were not plying hence the bag containing the article in question was dispatched to Bhiwani sorting office on 28.03.2013. It is submitted that the Bhiwani Sorting Office works during the night and the article in question was dispatched to Bhiwani HO on 28.03.2013 night and the bag was opened on 30.03.2013 at Bhiwani HO being gazzetted holiday on 29.03.2013 on 30.03.2013 the addressee refused to receive the article hence the article was returned back to sender and it was delivered to sender on 03.04.2013. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of respondents and complaint of the complainant is liable to be dismissed with costs.
3. In order to make out his case, the counsel for complainant has tendered into evidence documents Annexure C-1 to Annexure C-7 alongwith supporting affidavit.
4. In reply thereto, the representative of OPs place on record Annexure R-1 and Annexure R-II.
5. We have gone through the record of the case carefully and have heard the counsel for the complainant and representative of OPs.
6 Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the complainant sent application form for the post of keyman/petrolman in the office of Superintending Engineer Circle Office, Bhiwani by registered post on 25.03.2013 from deposit office at Badhra. The last date for deposit application form was 28.03.2013. He further submitted that the OP no. 3 postman returned the envelop through which the complainant has sent his application form to the Public Health Circle, Bhiwani to the complainant on 26.03.2013 and the same was sent to the addressee and returned to the complainant on the next day. He further submitted that therefore the Ops are guilty of deficiency in service to return registered article to the complainant without sending it to the Superintendent Engineer Public Health Circle, Bhiwani.
7. The authorized representative for Ops reiterated the contents of the reply. He submitted that the facts narrated by the complainant in his complaint are false and baseless. He submitted that the registered article No. RH115763611IN was booked on 25.03.2013 at Badhra Sub Post Office and it was sent through Roadways bus to Charkhi Dadri as it was received late at Charkhi Dadri then it could not be dispatched to Bhiwani on the same day. On 26.03.2013 there was holiday due to Holy (Fag). Hence the Roadways Buses were not plying and 27.03.2013 was also gazzetted holiday. Hence the article in question was dispatched to Bhiwani on 28.03.2013 and it was reached at Bhiwani in the night. 29.03.2013 was holiday on account of good Friday. Hence the article was sent for delivery on 30.03.2013 through postman, but addressee refused to receive the same hence the article was returned to the sender and it was delivered to the complainant on 03.04.2013. The representative of the Ops referred the following judgments:-
I Sr. Superintendent of Post Offices Versus Dharamveer Harijan in Revision Petition No. 4567 of 2012 of National Commission, New Delhi.
II Union of India Versus Mohd. Nazim AIR 1980 Supreme Court 431.
8. In the light of the pleadings and arguments of the parties, we have examined the relevant material on the record. Admittedly, the article in question was booked under registered post on 25.03.2013. As per the contention of the counsel for the complainant the said article was returned to the complainant on 26.03.2013 without sending it to the addressee. On the other side, the Ops have given the sequence of events since the date of booking and till it returned to the sender when it was refused by the addressee. The OP has produced the list of registered articles dated 03.04.2013, wherein the article in question of the complainant is mentioned and against that entry the signature of complainant. We are unable to understand why the complainant has put forthwith the story of not sending of the article in question by the OPs. The addressee returned the same to the complainant on 26.03.2013. From the documents produced by the Ops the story of the complainant is stands falslified. The complainant has failed to adduce any evidence to prove the negligence and intentional willful act or default on the part of the Ops. No evidence has come on the record to prove 28.03.2013 was the last date for the receipt of application form as alleged by the complainant. Considering the facts of the case, we have come to this conclusion that the complainant has failed to prove that the officials of the Ops have committed willful act or default to cause loss to the complainant. In these circumstances, the complaint of the complainant false and the same is hereby dismissed with no order as to costs. Certified copies of the order be sent to both the parties, free of costs and file be consigned to the record room.
Announced in open Forum.
Dated: 31.01.2017. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta)
Member.
