1.Alleging deficiency of service the complainant filed this case against the O.Ps for compensation and litigation cost.
2.Shorn of unnecessary details, the brief fact of the case is that the complainant was working as Head clerk in the court of CJM, Boudh.He had sent Rs.500/- to his sister Binodini Behera W/O Anaryami Behera At//Po: Balliguda, Patra street Dist. : Kandhamal through e money order on 16.5.2017 at court post office, Boudh for the purpose to meet the expenses of Savitri Amavasya which was falling on 25.5.2017.The O.P.No.1 received Rs.500/- from the complainant on 16.5.2017 at about 10.30AM and issued a receipt of money bearing No.0889761750516000100.After lapse of 8 days on 24.5.2017 the O.P.NO.1 sent EMo of the complainant to his sister through data Center Mysore. The Post Master Balliguda received the same from datacenter Mysore on 25.5.2017 and paid to the complainant’s sister on 26.5.2017 after passing of Savitri Amavasaya which was falling on 25.5.2017.So the very purpose of money order stands defeated.In this regard, he complainant issued an Advocate notice to the O.P.No.1 for giving cause of delay on 14.6.2017.The O.P.No.1 received Advocate notice but he did not reply.
3.On being noticed, the O.P.No.2 appeared in this case. TheO.P.No.1, 3 and 4 did not appear in this case and they are set ex-parte.In his counter the O.P.No.2 stated that the complainant had booked the emo at Boudh court post office on 16.5.2017 at 11 A.M payable to Smt. Binodini Behera W/O Antaryami Behera at Patra Street, Balliguda, Kandhamal.TheeMo was booked under receipt No.0889761705160001000forRs.500/-only. There is space of emo to write communication in shape of code by the addressee. Then communication portion of the complainant is eMo was blank. The eMo amount of Rs.500/- with commission Rs.25/- was accepted from the remitter/complainant by the Post master, Boudh court post office and receipt was granted to him. The averment made by the complainant that eMo was not sent to the payee soon after its booking is not correct. After booking on 16.5.2017 immediately eMo was transmitted to CEPT, Mysore received by Balliguda Post office on 25.5.2017 at 12.30 P.M and print out of the Mo was taken at that office 12.43P.M.Since by that time the beat postman was already left the beat, payment of the same was effected on the next day i.e on 26.5.2017.The post office is not aware that for the purpose of which emo was sent by the complainant. There is no delay either on the part of issuing or paying office to handle the eMo.The O.P.No.1 did not receive show cause notice from any advocate in this regard.
4. The point for determination in this case is whether the complainant is a consumer under the purview of C.P.Act.Whether there is deficiency of service caused to the complainant by the O.P and whether the complainant is entitled to get any compensation from the O.Ps
5. During the course of hearing the complainant submitted eMo receipt of Rs.500/- and Rs.25/- as commission issued by the O.P.No.1, Advocate notice, postal receipt, Acknowledgment, tracking details of eMo .Accordingly to FAQ about eMo, the eMo should be reached at payee within 3 days from the date of booking on 16.5.2017.Due to negligence and deficiency of service on the part of O.PNo.1 the payee received eMo on 26.5.2017.The O.P.No.1 senteMo to CEPT data Centre, Mysore on 24.5.2017 after lapse of 8 days from the date of booking. Due to deficiency of service of O.P.No.1 the very purpose of eMo was defeated. After Savitirs Amavasya the payee/complainants’ sister received eMo.
6. The complainant is a consumer under purview of C.P.Act.TheeMo receipt shows that the O.P.No.1 received RS.500/-as money order and Rs.25/- as commission from the complainant. The eMo should be reached at payee within 3 days from the date of booking on 16.5.2017. But instead of 3 days the payee received the eMo after 10 days which clearly shows deficiency of service by the O.P.No.1
7. Taking into considerations of the case of the complainant and documents filed by him and counter filed by the O.P, we direct the O.P.No.1 to pay a sum of Rs.5,000/-(Rupees five thousand ) only to the complainant towards compensation for mental agony and deficiency of service within one month from the date of order, failing which the complainant at liberty to take steps against the O.PNo1for realization of awarded amount. The case against O.P.No.2, 3 and 4 is dismissed without cost.
Order pronounced in the open court under the seal and signature of the forum this the 30th day of November, 2017.
