Karnataka

Chitradurga

CC/104/2017

J.T.Swamy - Complainant(s)

Versus

Postal Conspirators - Opp.Party(s)

Sri.Ashok.V

28 Jun 2018

ORDER

COMPLAINT FILED ON:30/10/2017

DISPOSED      ON:3/06/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

C.C.NO: 104/2017

 

DATED: 28^th JUNE 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B., PGD., CLP  

   

……COMPLAINANT/S	J.T. Swamy, Age: 32 Years, Driver in KSRTC, R/o Kurudihalli Village, Balenahalli Post, Challakere Taluk, Chitradurga.   (Rep by Sri.V. Ashok, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Postal Superintendent, Main Post Office, Post Office road, Challakere, Chitradurga.   2. The Sub Post Officer, Balenahalli Post Office, Balenahalli, Challakere Taluk, Chitradurga.   3. Sri. Gurumurthi, S/o Krishnamurthi, Major, Balenahalli Post Office, Balenahalli, Challakere Taluk, Chitradurga.   (Rep by Sri. C.M. Veeranna(DGP) for OP No.1 and 2 and Sri. K.S. Thippeswamy, Advocate for OP No.3)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to Rs.5,00,000/- with interest @ 12% p.a towards the loss and mental agony, cost and such other reliefs.   

2.      The brief facts of the case of the above complainant is that, as per the Notification issued by the Director of Karnataka State Health and Family Welfare Department vide No.SRP/VCN/48/2012-13 dated 09.11.2015, he has submitted application for appointment of Driver.  Accordingly, the said authority has sent interview card to him through speed post calling upon him to appear before the Office of Health and Family Welfare Department to attend interview on 15.03.2017 along with original documents.  The speed post sent by the Health Department was reached OP No.1 on 10.03.2017.  After that, OP No.1 send the same to OP No.2 and OP No.2 intimated the OP No.3 to serve the speed post to the complainant but, the OP No.3 has served the speed post to the complainant on 20.06.2017.  The interview fixed for appointment of Driver was on 15.03.2017 but, the speed post was reached to the complainant on 20.06.2017 i.e., after completion of the interview.  Thereafter, the complainant approached OP No.3 and questioned as to why the interview card was not served to him well in time.  But, the OPs have given evasive answer.  Finally, the complainant has send the notice to the OPs on 08.09.2017, the notice has been served to the OP No.2 on 19.09.2017 and OP No.3 on 11.09.2017 but, the notice sent to OP No.1 has been returned with an endorsement  as “the officer mentioned in the address is not available” on 14.06.2017.  The cause of action for this complaint arose on 20.06.2017 and on 08.09.2017 which is within the jurisdiction of this Forum and hence prayed for allow the complaint.

3.     After service of notice, the District Government Pleader appeared on behalf of OP No.1 and 2 and Sri, K.S.Thippeswamy, Advocate appeared on behalf of OP No.3 and filed their respective version.

According to the version filed by the OP No.1 and 2, it is stated that, the complaint with respect to the Notification pertaining to the post of Driver is not known to the OP No.1 and 2.  Further the contents of para 2 and 3 in the complaint is not known by the OP No.1 and 2.  The OP No.1 and 2 further stated that, the complainant has not produced any documents to show that, the interview card send by the Health Department to the complainant by speed post.  Now a days, there was an internet and online, phones and e-mail facilities available for receiving the messages from the concerned Department.  Further the parties cannot claim any compensation against the postal authorities by mis-delivery, delay or damage to any postal article, the same is exempted as per Section 6 of the Indian Post Office Act, 1898.  If any damage caused to the complainant, the complainant is at liberty to file damage suit before the concerned Court and this Forum has no jurisdiction to entertain this complaint because, the interview card has been sent from Bangalore, the Bangalore Forum has got jurisdiction to decide the matter and prima-facie there is no deficiency as committed by the OPs and hence, prayed for dismissal of the complaint.

The version filed by the OP No.3 is that, the averments made in the complaint are entirely denied as false.  The duty of the OP No.3 is to serve the postal letters issued by the OP No.1 and 2 and in this case also, OP No.3 has served notice/interview card to the complainant well in time. But the allegations made by the complainant in his complaint is not maintainable and the complainant is put to strict proof of the same.  The complainant has not produced any documents before this Forum that, the OP No.3 has committed deficiency of service in serving the interview card to the complainant well in time and hence, prayed for dismissal of the complaint.

4.      Complainant himself has examined himself as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-10 were got marked and closed his side.  On behalf of OP No.1 and 2 one Sri. Manoj Kumar Pai, the Superintendent of Post Office has examined as DW-1 and one Sri. Gurumurthi, OP No.3 as DW-1 by filing affidavit evidence and no documents were got marked and closed their side.   

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainants prove that, the OPs have committed deficiency in service in serving the postal letter send by the Health Department well in time and entitled for the relief as prayed for?

              (2) What order?

   7.   Our findings on the above points are as follows:-

          Point No.1:- Partly in affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute that, as per the Notification issued by the Health and Family Welfare Department, the complainant has submitted application for the post of Driver.  After filing the application, the Health Department has send interview card to the complainant to appear along with original documents fixing the date of interview on 15.03.2017.  But, the interview card send by the Health Department was received by OP No.1 and 2 on 10.03.2017 and the same has been served to the complainant on 20.06.2017 through OP No.3 i.e., after completion of the interview.  As such, the complainant has lost his opportunity to attend the interview before the Health Department because of the delay in serving the interview card.  Now the complainant is working as a Driver in KSRTC as per the affidavit filed by him.  The OPs have taken a contention in their version that, the OPs have not known the contents of letter send by the Health Department and as per the arguments submitted OPs, the letter sent by the Health Department was not produced before this Forum and this Forum has no jurisdiction to entertain this complaint because the Health Department is situated at Bangalore, Bangalore Forum is only the competent Forum to decide the matter, the same is not acceptable. 

9.   We have gone through the entire documents filed by the complainant, which clearly goes to show that, the complainant has submitted an application before the Health Department for appointment for the post of Driver and further shows that, the Health Department has send the interview card to the complainant to attend the interview along with original documents on 15.03.2017 by speed post.  The same has been reached the OP No.1 and 2 on 10.03.2017 but, the speed post served to the complainant through OP No.3 on 20.06.2017.  But, the interview date fixed by the Health Department was on 15.03.2017.  As per the documents, it clearly shows that, the interview card has been served to the complainant on 20.03.2017.  OP No.1 and 2 have handed over the speed post to OP No.3 to serve the same to the complainant well in time and there is no deficiency in service on the part of OP No.1 and 2 but, OP No.3 failed to serve the same well in time.  Hence, the OP No.3 has committed deficiency in service in serving the speed post to the complainant well in time.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.    

  10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OP No.3 is hereby directed to pay a sum of Rs.10,000/- towards compensation to the complainant along with interest at the rate of 6% p.a from the date of complaint till realization.

It is further ordered that, the OP No.3 is hereby directed to pay Rs.3,000/- towards mental agony and  Rs.2,000/- towards cost of the proceedings to the complainant. 

Complaint as against OP No.1 and 2 is hereby dismissed.

It is further ordered that, the OP No.3 is hereby directed to comply the above order within 30 days from the date of this order.

(This order is made with the consent of Member after the correction of the draft on 28/06/2018 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainants:

 

PW-1:- Complainant by way of affidavit evidence.

 

Witnesses examined on behalf of OP:

 

DW-1:- Sri. Sri. Manoj Kumar Pai, the Superintendent of Post Office by way of affidavit evidence.

DW-2:- Sri.Gurumurthi, OP No.3 by way of affidavit evidence.

 

Documents marked on behalf of Complainants:

 

01	Ex-A-1:-	Interview Card
02	Ex-A-:-	Postal Cover
03	Ex-A-3:-	Complaint given by the complainant
04	Ex.A-4:-	Legal Notice dated 08.09.2017
05	Ex.A-5:-	Unserved Postal Cover
06	Ex.A-6:-	3 Postal Receipts and 1 acknowledgement
07	Ex-A-7:-	Letter given by Ashok V to the Superintendent, Post Office, Chitradurga
08	Ex.A-8:-	Endorsement given by Superintendent of Posts Chitradurga
09	Ex.A-9:-	Letter given by the Superintendent of Post, Chitradurga
10	Ex.A-10:-	Computer sheet notification/recruitment of Driver Job

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                            PRESIDENT

Rhr**