IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO. : 184/S/2014.                            DATED : 19.08.2016.   

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

                      MEMBER                : SMT. PRATITI BHATTCHARYYA.

COMPLAINANT             : SMT. REYA BISWAS,  

  C/O Ranjit Biswas,

  22, Baghajatin Colony,

  P.O. & P.S.- Pradhan Nagar,

  Dist.- Darjeeling, 

  Siliguri – 734 001, West Bengal.

O.P.                                      : POST MASTER,  

  Salugara Post Office,

  Dist.- Darjeeling,

  West Bengal -  734 008.

FOR THE COMPLAINANT         : Sri Santanu Chakraborty, Advocate.

J U D G E M E N T

Sri Biswanath De, Ld. President.

          The case of the complainant is that on 22/07/2014, complainant had packed an item (Ref. No.CW009282989IN) to be delivered to her husband, Pinaki Roy in Vivekananda Kendriya Vidyalaya, Banderdewa, Papumpara, Arunachal Pradesh, Pin-791123 and the receipt is annexed in Annexure – 1.  The complainant has further stated that on 10.11.2014 her husband received the said item in damaged condition and requested the post office repeatedly that he would not received the damaged item, but the OP did not pay heed to his request and told her husband blankly that they do not have any return policy.  Thus her husband had no other option but to accept the item so delivered in damaged condition and the cause utter disgust the complainant has stated that the damaged item so delivered had rat’s bite in it.  Thereafter, the complainant’s husband has informed the complainant about the delivery of the damaged product and the complainant had visited the post in Salugara in several occasions to enquire about the status of the item but OP failed to provide any information about the parcel.  The complainant had aggrieved by the situation and approached before the OP with a written complaint on 25/08/2014, but to no effect.  Hence, the complaint for compensation and other reliefs as prayed for.            

Contd......P/2

-:2:-

OP appeared and contested the case by filing written version with their usual fairness denying inter-alia all the material allegations as raised by the complainant.  OP has stated that the registered parcel was received from Parcel Hub, Lakhimpur RMS by the Banderdewa S.O. on 08.11.2014.  While opening the bag the parcel was found in a damage condition and the addressee was informed by serving notice upon him on the same day.  The OP further stated that the addressee i.e., the complainant’s husband came to the office on 10.11.2014 and the addressee himself opened the parcel by himself in presence of the SPM, Banderdewa S.O. and on opening the parcel, he i.e., the complainant’s husband, himself checked the items sent in the parcel and found that all the items are intact barring some housemate oily things which were not in perfect condition.  OP has submitted that sending of food items in the parcel is strictly prohibited, but the consignment was sent by the complainant with some food items illegally violating the Postal norms.  OP has further stated that from this fact it is crystal clear i.e., the complainant has sent some prohibited articles through that parcel.  As per the Postal Departmental Ruling things which is either noxious or likely to injure postal articles in course of transmission by Post or any Officer or the Post Office Vide Section IV, Clause 209(6) of Post Office Guide, Part – I.  So, complainant herself who has broken the rules of the postal department and sent some oily home made things through the parcel, and the OP is not responsible for such damaged condition of the parcel of the complainant.  Therefore, the OP prays for dismissal of the complaint case.     

To prove the case, the complainant has filed the Xerox copies of following documents:-

1.       Copy of the acknowledgement is marked and annexed as Annexure-1.

2.       Copy of the complaint filed before the Post Office is marked and annexed as Annexure-2.

3.       Copy of the complaint filed before the Office of the Assistant Director, Consumer Affairs & Fair Business Practices, Siliguri Regional Office is marked and annexed as Annexure – 3. 

          Complainant has filed evidence in-chief.

OP has filed evidence-in-chief.

          Complainant has filed Written Notes on argument.

OP has also filed Written Notes of Argument.

Points for determination

1.       Is there any deficiency in service on the part of the OP ?

2.       Is the complainant entitled to get any relief as prayed for ?

Contd......P/3

-:3:-

Decision with reason

          Both issues are taken up together for the brevity and convenience of discussion.

From the petition of the complainant and from the written version of OP, it appears that the complainant posted that parcel to the OP for onward transmission.  The OP Post Office admits it regarding acceptance of the parcel and transmission of the parcel to its destination.  Regarding the damaged condition of the parcel, the defence adopted by the OP is that complainant posted some oily substances contrary to the Rules of Postal Department.  It is not the case of the OP that complainant applied force on the Post Master to accept the parcel.  The naturally question arises in the mind of a layman what promoted the Post Master to allow the parcel without verifying the same or rejecting the same.  The Post Master had some duties to take care and attention while accepting the parcel from the complainant, but in the record there is no iota of evidence or statement that the OP Post Office had taken steps with due care and attention in allowing the parcel.  The OP Post Master intends to use the rule of Postal Department as a shield.  But no care and attention has been taken by the OP Post Office.  Such conduct of the OP in discharging the official business and duties, tantamounts to negligence and deficiency in service towards the common public.  The negligence act of the OP has encouraged the complainant to come before this Forum praying appropriate relief as per Provision laid down in the Consumer Protection Act, 1986 purporting to have been made to protect the interest of the consumer and to lesion the sufferings of the complainant.  The defence taken by the OP in the pretext of oily substances and attributing responsibility upon the complainant does not hold good and legal.  The OP has taken the recourse to suppress his own negligence placing the guilt upon the complainant.  So, upon going through the complaint, written version, and written notes of argument of both sides and considering the nature of allegation and nature of the act of both sides, and duty of the OP, this Forum is of opinion that OP is responsible for causing damage to the property of the complainant as stated hereinbefore and the complaint case succeeds. 

The complainant is entitled to get the value of the damaged article, and compensation for mental pain, agony and harassment and litigation cost.  

It appears from the record that the complainant did not mention any price value of the damaged items.  Complainant has only prayed for compensation of Rs.1,00,000/- for mental agony, harassment and tension.

Contd......P/4

-:4:-

Accordingly, the complainant is not entitled to get any amount for damaged item.  Complainant is only entitled to get a sum of Rs.8,000/- as compensation for mental pain, agony and harassment.  Complainant is further entitled to get a sum of Rs.2,000/- towards litigation cost.               

We think that this order makes justice to both sides and will prevent repetition of such type of negligence by the Postal Authority in future. 

In the result, the case succeeds.         

Hence, it is

                     O R D E R E D

that the Consumer Case No. 184/S/2014 is allowed on contest in part, with cost.

The complainant is entitled to get a sum of Rs.8,000/- as compensation for mental pain, agony and harassment. 

The complainant is further entitled to get a sum of Rs.2,000/- towards litigation cost.

The OP Post Master is directed to pay a sum of Rs.8,000/- by issuing an account payee cheque in the name of the complainant as compensation for mental pain, agony and harassment within 45 days of this order.

The OP Post Master is further directed to pay a sum of Rs.2,000/- by issuing an account payee cheque in the name of the complainant towards litigation cost within 45 days of this order.

In case of default, the amount will carry interest @ 9% per annum on the awarded sum of Rs.8,000/- from the date of filing of this case till full realization. 

In case of default, the complainant is at liberty to execute this order through this Forum as per law.

Copies of this judgment be supplied to the parties free of cost.