Date of Institution : 18.11.2010

                                                                               Date of Decision    : 07.09.2011

                                                                               ---------------------------------------

 

Sh. Jaskaran Singh Gill resident of House No.5452/2, Modern Housing Complex, Manimajra, Chandigarh.

 

                                                                                    ---Complainant.

1. Post Office, Manimajra Motor Market, Manimajra, Chandigarh.

2. General Post Office, Sector 17, Chandigarh.

 

Argued By:    None for thecomplainant.

                        Sh.. Ravinmder Pal Singh, Advocate for the OPs.

 

                        Sh. Jaskaran Singh Gill has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein for the following reliefs:-

i)                    To pay a sum of Rs.22,783/- along with interest @15% per annum;

ii)                   To pay a sum of Rs.1,00,000/- as compensation for mental agony and harassment;

iii)                 To pay costs of litigation.

2.                     In brief the case of the complainant is that he booked a parcel through Speed Post with OP No.1 i.e. Post Office, Manimajra, Chandigarh containing two suits and number of cosmetic items for being delivered to his sister namely Kulvinder Kaur Bhatti at 12336, 80 Avenue Surrey, B.C. V3W3A2, Canada and paid Rs.6,370/- as fee for it. (The postal receipt to this effect is annexed with the complaint). According to the complainant, he had purchased the alleged articles for a sum of Rs.16,413/- from Chawla Emporium and Sharma Traders vide Bill (photocopies on record).

                        It has further been pleaded that the said parcel did not reach its destination and he enquired about the status of the parcel a number of times from Post Office, Manimajra, Chandigarh as well as General Post Office, Sector 17, Chandigarh. However, no satisfactory reply was given to him. Finally, it was informed by OP No.2 that the said parcel was delivered to one A. Panwar at ETOBICOKE Toronto, Canada on 05.10.2010. According to the complainant, the wrong delivery of the booked parcel amounts to deficiency in service.                                      In these circumstances, the present complaint has been filed seeking the reliefs mentioned above.

3.                     In the written statement filed by OPs, it has been admitted that on 30.09.2010 the complainant booked a parcel containing some article bearing No.EP043677329IN from Post Office, Motor Market, Manimajra, Chandigarh for being delivered to his sister namely Kulwinder Kaur Bhatti residing at 12336, 80 Avenue Surrey, B.C. V3W3A2, Canada. The said parcel was instantly consigned to Delhi Foreign Post through National Speed Post Centre, Chandigarh on 30.9.2010 vide Bag No. EP044514556IN. It has been pleaded that the web complaint regarding non-delivery of the article was lodged on 29.10.2010 under Web Base Grievances Mechanism. According to OPs, Delhi SPC did not reply till October 2010 and on 20.12.2010, the said SPC replied on web that the Speed Post Article was delivered on 05.10.2010. It has further been pleaded that in view of Section 6 of Indian Post Office Act 1898, OPs are exempted from any liability for loss, mis-delivery, delay or damage to the consignment. So, in these circumstances, according to the OPs, the complaint deserves dismissal.

4.                     None appeared on behalf of the complainant on the date of final hearing i.e. 02.09.2011 and therefore, we proceeded to dispose of the present complaint on merits under Rule 4(8) of the Chandigarh Consumer Protection Rules, 1987 read with Section 13(2) of the Consumer Protection Act, 1986.

5.                     We have heard the learned counsel for the OPs and have gone through the documents on record.

6.                     Admittedly, a parcel was booked by the complainant for being delivered to his sister namely Kulwinder Kaur Bhatti at 12336, 80 Avenue Surrey, B.C. V3W3A2, Canada vide Speed Post bearing Docket No. EP043677329IN dated 30.09.2010. A photocopy of this Docket has been placed on record by the complainant himself. From the bare perusal of this document, it is established that the article booked by the complainant was to be delivered to Smt. Kulvinder Kaur Batta, at Canada. Admittedly, the parcel booked through courier has not reached the destination. So, OPs are deficient in service.

7.                     From the receipt placed on record, it is apparent that the complainant had not disclosed the contents of the parcel at the time of booking. In these circumstances, the OPs were not aware about the contents of the parcel and the value thereof. Even the parcel was not insured by the complainant. In these circumstances, the complainant is not entitled to the value of the contents of the articles.

8.                     It was argued by the learned counsel for the OPs that in view of Section 6 of Indian Post Office Act, 1898, the OPs are not liable for the losses incurred because of mis-delivery, damage or delay in delivery except when it is caused fraudulently or willfully. This argument of learned counsel is not in consonance with the law laid down by the Hon’ble National Commission in the case titled The Postmaster General, Kerela and others Vs. Kiron Rasheed, Revision petition No.781 of 2010 decided on 31.03.2011. The Hon’ble National Commission has held as under: -

                        A similar view has been taken by Kerala State Consumer Disputes Redressal Commission in case titled Sudha C. S. Vs. The Post Master General, G.P. & Ors., reported in II (1997) CPJ  519.

9.                     So, in view of the ratio of the cases cited above, the protection granted under Section 6 of the Indian Post Office Act, 1898 is not available in cases of speed post deliveries. So, the OPs are liable to pay compensation to the complainant for deficiency in service on account of non-delivery of the booked parcel.

12.                   Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.