BEOFRE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO. 182 of 2015
DATE OF INSTITUTION: - 25.06.2015
DATE OF ORDER: - 16.11.2016
Dinesh Kumar, aged 24 years son of Ishwar Singh, resident of village Kakroli Sardara, Tehsil Charkhi Dadri, District Bhiwani.
……………Complainant.
VERSUS
- Superintendent of Post Offices, Division Bhiwani, Ghantaghar, Bhiwani.
- Senior Superintendent of Post Offices, Rohtak Division, Rohtak.
- Superintendent of Post Offices, Gurgaon Division, Gurgaon.
- The Chief Post Master General, Haryana Circle Ambala-133001.
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE :- Shri Rajesh Jindal, President
Ms. Anamika Gupta, Member
Mrs. Sudesh, Member
Present:- Sh. Sandeep Walia, Advocate for complainant.
Sh. Manoj Kumar, authorized representative for OPs.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that the Department of Posts, India, invited application form for the eligible candidates to fill up the vacant posts of Postman in different divisions of Haryana Circle. It is alleged that the complainant being the eligible candidate for the post of Postmaster purchased a prospects bearing No. 222690 from Bhiwani and fill up the form and also paid Rs. 400/- examination fee in Bhiwani circle and delivered the application form to the Superintendent of Post Offices, Gurgaon Division, Gurgaon on 05.02.2015. It is alleged that after applying the application form for the post of Postman the complainant done coaching for the examination paid Rs. 6,000/- as coaching fee. It is alleged that he was waiting for roll number for the examination for the Postman but after lapse of more time, when no roll number was issued to the complainant from Chief Postmaster General Haryana Circle, Ambala. It is alleged that in the month of May 2015, the complainant moved an application under RTI Act, whether application of the complainant was delivered to the OP no. 3 or not and about the reason for not issuance of roll number. It is alleged that the application form was not delivered to the OP no. 3 within time by the other respondents. The complainant further alleged that due to the act and conduct of the opposite parties, he had to suffer mental agony, humiliation and financial losses. 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 the roll no was not issued to the complainant as the application form was received after last date i.e. 10.02.2015. It is submitted that the Post Office are exempted by law from any liability of loss, mis delivery, delay or damage to any postal article in course of transmission by post vide Section 6 of the Post Office Act, 1898. 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, complainant has tendered into evidence documents Annexure C-1 to Annexure C-3.
4. In reply thereto, the representative of OPs has tendered into evidence document Annexure R-1.
5. We have gone through the record of the case carefully and have heard the learned counsel for the complainant and authorized representative for OPs.
6 Learned counsel for the complainant reiterated the contents of the complaint. The complainant submitted that he paid a sum of Rs. 400/- and sent the application by speed post to the Superintendent Post Offices, Gurgaon Division, Gurgaon on 05.02.2015 vide postal receipt dated 05.02.2015 Annexure C-3. That application was delivered by the Ops to the addressee on 27.02.2015 after about 22 days. The detailed track events for the speed post in question has also been produced by the complainant which support the version of the complainant.
7. On the other side, the authorized representative for Ops reiterated the contents of the reply. He submitted that under Section 6 of the Indian Post Office Act 1898, the Ops are exempted by law for any liability of loss, mis-delivery, delay or damage to any postal article in course of transmission.
8. In the light of the pleadings and arguments of the parties, we have examined the relevant material on the record. Admittedly, the application for the post man was sent by the complainant through speed post on 05.02.2015 and the same was delivered on 27.02.2015, after the last date of the receipt of the application 10.02.2015. Hence this application was not considered by the OP no. 3. The Ops have taken the shelter of Section 6 of the Indian Post Office Act 1898. At the time of the enactment of the said act the facility of speed post was not in existence. The Ops have failed to describe the delay of each and every day in the delivery of the postal article in question. As per the detailed track events the article in question was booked through speed post on 05.02.2015 at Bhiwani Head Post Office and which was received on the same day at NSH Rohtak. Thereafter, it was received on 26.02.2015 at NSH Gurgaon. The articles has taken 21 days to reach from NSH Rohtak to NSH Gurgaon. Thereafter, it was delivered to addressee on 27.02.2015. The delay of about 20 days to reach the article from NSH Rohtak to NSH Gurgaon is not explained by the Ops. In these circumstances, we have no hesitation to hold that dealing officials were negligent to process the article in question as per the norms of speed post. We hold that the Ops are guilty of deficiency in service. Resultantly, we partly allow the complaint of the complainant and award Rs. 5,000/- as lumpsum compensation to the complainant against the Ops. The Ops shall be liable to pay the said amount to the complainant within 60 days from the date of passing of this order, otherwise they shall be liable to pay interest at the rate of 8 per cent per annum, thereafter till the date of payment. The Ops are further directed to recover a sum of Rs. 2,000/- out of the award amount of Rs. 5,000/- from the erring officials who are responsible for the delay of delivery of article in question to the addressee. The Ops are directed to submit the action taken report to this District Forum within 60 days. 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: 16.11.2016.
(Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta) (Sudesh)
Member. Member.
