1. Brief fact of the case of complainant is that on 10.07.2018 he remitted an amount of Rs. 1,000/- for the purpose of medical treatment to his daughter Binapani Das in the district of Balasore through EMO vide no. eMOPNR No. 0882703120288840.  It is alleged that the said amount since not remitted to the payee, he approached both the O.Ps on many occasions, and also on 15.09.2018 he made a written complaint to the O.P. No. 2 but did not get any fruitful result, thus suffering from mental agony and physical harassment, he filed this case with a prayer to direct the O.Ps to pay Rs. 1,000/- with 12% interest and to pay him Rs. 50,000/- and Rs. 5,000/- towards compensation and costs of litigation.

2. The O.Ps, being the same department, have appeared in this case and filed their joint counter admitting the booking of money order by the Complainant in favour of his daughter Smt. Binapani Das in the district of Balasore through EMO vide no. eMOPNR No. 0882703120288840.  It is contented that after receipt the complaint from the complainant, with due enquiry sanction was accorded for issue of duplicate money order vide their order no. CR/CD Case No. 71/2008 dated 16.01.2009 in favour of the addressee.  It is also contended that since the post offices are under the track of modernization and computerization to provide better service to the nation, the concerned post office is also facing hurdles due to the lack of proper web network and continuous power supply.  It is also contended that since the alleged amount was paid to the payee vide their letter no. CR-8/Misc/2011 dated 31.01.2019 and booking of Money Order is only for augmentation of Govt. Revenue and since there is no contract was made between the parties, giving emphasize / immunity under Section 6 of the Indian Post Office Act, they prayed to dismiss the case against them.

3. Both parties have filed certain documents in support of their submissions.
    
4. In the instant case, it is admitted fact that on 10.07.2018 complainant remitted an amount of Rs. 1,000/- for the purpose of medical treatment to his daughter Binapani Das in the district of Balasore through EMO vide no. eMOPNR No. 0882703120288840. Complainant filed document to that effect.  It is also an admitted fact that the said amount was not remitted to the payee in time for which complainant approached the O.Ps on many occasions, and also on 15.09.2018 he made a written complaint to the O.P. No. 2 but did not get any fruitful result.  Complainant also filed document to that effect.  The allegations of Complainant is that due to non remittance of the above amount to his daughter Binapani Das at Balasore for her medical purpose, he suffered mentally and financially loss.  On the other hand, the contentions of O.Ps is that after receipt the complaint from the complainant they have sanctioned for issue of duplicate money order vide their letter no. CR-8/Misc/2011 dated 31.01.2019.

          It is ascertained from the submissions of parties that though the duplicate money order was issued and remitted to the actual payee             but in a belated state and also after receipt of the complaint from the Complainant and also after filing of the present case.It is also             ascertained that the above amount was remitted firstly on 10.07.2018 and the present case was filed on 04.12.2018, which clearly               evident that the duplicate money order amount was remitted to the payee on 25.01.2019 i.e after lapse of 5 months and the same is             prima facie case of deficiency in service on the part of O.Ps.

5. Further the contentions of O.Ps is that commission paid to remit the money order is made for augmentation of the Govt. Revenue.  In this regard, we have gone through the Indian Post Office Act to make it clarify to the parties that nowhere in the said Act it is mentioned that for transmitting the money order, the concerned department is being authorised to collect commissions only for the augmentation of the Govt. Revenue.  Further Cambridge Dictionary elaborates the word  ‘augmentation’ as “to increase the size of value of something by adding something to it” which clearly evident that the word augmentation is used for the increase the volume of one’s own income by adding some income from other source.Thus it is safely concluded that the pleas taken by the O.Ps regarding the fact that the commission paid for transmitting the money order is only meant for augmentation of Govt. revenue, is not an accepted one.We feel, the O.Ps have taken the such plea only to save their skin from the liability.

6. Further the O.Ps have taken the ground of exemption under Section 6 of their Act.  In this regard we have carefully gone the said provision and ascertained that the above provisions emphasizes only about the willful act or fraudulent manner of any officer or department or the department itself directly caused the loss or damage or misdelivery or delay to the articles.  But in the instant case, while the complainant deposited an amount of Rs. 1,000/- on 10.07.2018 through eMOPNR No. 0882703120288840, the same should be remitted to the payee within time period, if not paid, then as per the provisions of their Act, the same should be returned back to the remitter.  But neither the concerned department nor any of its officer nor its any office bearer have taken any proper steps to find out the reasons for non remittance of the respective money order to Binapani Das of Balasore nor refunded the deposited amount to the complainant, which clearly proves that the O.Ps have neglected in their duty for which they are appointed to do.  Had the O.Ps taken any interest over the matter, then they money order could have traced out and smoothly remitted to the payee in time.  Not doing something what one ought to do is an act of Will and, therefore, covered by “willfull act” mentioned in Section 6 as one of the circumstances which attracts the willful act on the part of the O.Ps.  Hence it can be safely concluded that the act of not doing their duties in proper manner which caused loss to the complainant is fully covered under category of “willful act” and the O.Ps are deficient in not providing better service to the complainant.

7. Further the plea of complainant regarding that the remitted amount of Rs. 1,000/- was sent only for medical purpose, is also never been challenged by the O.Ps in any manner, thus the pleas of  complainant is taken into consideration. We feel, for such non remittance of the amount within time period, which was sent only for the medical purpose, the complainant must have faced mental agony and sustained financial loss as well as physical harassment, for which the complainant was compelled to seek redress before this Fora by incurring some expenses.  Hence complainant deserves to be compensate by the O.P.  Hence this order.   

ORDER

        Considering the facts and circumstances of the case, the present case is allowed in part and the O.Ps are herewith directed to pay Rs. 3,000/- towards compensation and Rs. 2,000/- towards costs of litigation to the complainant within 30 days from the date of receipt of this order, failing which, the compensation amount shall carry interest @ 10% p.a. from the date of deposit of amount for remittance i.e. from 10.07.2018 till payment.

        Pronounced the order on this the 8^th day of May, 2020 in the open Forum.

        Issue free copy to the parties concerned.