Tamil Nadu

South Chennai

CC/105/2019

N Panner Selvam - Complainant(s)

Versus

Postal Department, Chief General Manager & Another - Opp.Party(s)

Party in person

18 Dec 2019

ORDER

                                                                                 Date of filing  : 03.05.2019

                                                                                   Date of Order : 18.12.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.105/2019

DATED THIS WEDNESDAY THE 18^TH DAY OF DECEMBER 2019

                                 

Mr. N. Panneer Selvam,

S/o. Mr. A. Nallusamy,

No.44/26, Viswasapuri 1^st Street,

Madurai – 625 016.                                                        .. Complainant.                                                     

..Versus..

1. The Chief General Manager,

(Postal Department),

Parcel Directorate,

Dak Bhavan,

New Delhi – 11001.  

 

2. The Chief Post Master General,

Tamil Nadu Circle,

Chennai – 600 002.

 

3. The Post Master,

Thygaraya Nagar,

HPO,

Chennai – 600 017.                                                 ..  Opposite parties.

 

Counsel for the complainant  :  M/s. N. Panneer Selvam & another

Opposite parties 1 to 3           :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 to 3 under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.5,782/- towards speed post charges & Rs.210/- towards packing charges along with interest at the rate of 12% p.a. from the date of filing of this complaint and to pay a sum of Rs.2,00,000/- towards compensation for deficiency in service and mental agony with cost of Rs.5,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he booked an article weighing 11.400 Kg. containing masala, sweets and snacks at Thygaraya Nagar HPO, Chennai vide receipt No.ET200814677IN on 03.11.2018 and paid a sum of Rs.5,782/- as speed post charges and Rs.210/- towards packing charges.   The complainant submits that the articles to be delivered to his son, Saravanan Panneer Selvam living at Germany residing at Rebenring 62-04-05, 38106 braun schweig, Germany.   The complainant submits that he had written the correct From Address, To Address and phone numbers. The complainant submits that the booking clerk collected the charges and issued a print out of customs declaration for the complainant’s signature wherein, it is pointed out that the mandatory columns of the ‘POST CODE (38106), STREET NUMBER and DOOR NUMBER (62-04-05) and PHONE NUMBER (4917681889777) etc are found missing.   The booking clerk told that it is an usual procedure and it need not to be filled.  The given information alone is sufficient.   The complainant submits that the article should be reached within 3 days i.e. on 06.11.2018.   But the articles were not delivered to the ‘To Address’.   Hence, several e-mails were sent to the post office from the sender side and the addressee side.   At long last, the parcel returned to the complainant on 24.12.2018 after 52 days in a spoiled nature without delivering the parcel to the address.  The complainant submits that due to deficiency in service of the opposite parties and ignorance in taking the address and other particulars caused great loss and mental agony.   The act of the opposite parties 1 to 3 caused great mental agony and inconvenience to the complainant.   Hence, the complaint is filed.

2.     Inspite of receipt of notice, the opposite parties 1 to 3 has not appeared before this Forum and hence, the opposite parties 1 to 3 were set ex-parte.

3.     Though the opposite parties 1 to 3 remained Ex-parte, this Forum is to dispose of this compliant fully on merits with available materials evidences before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint, the proof affidavit is filed by the complainant as his evidence and also documents Ex.A1 to Ex.A10 are marked.  

5.      The points for consideration is:-

1. Whether the complainant is entitled to get a sum of Rs.5,782/- paid towards speed post charges, Rs.210/- paid towards packing charges with interest at the rate of 12% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.2,00,000/- towards compensation for mental agony and deficiency in service with cost of Rs.5,000/- as prayed for?

6.      On point:-

The opposite parties 1 to 3 after entering appearance has not come forward to file any written version and remained ex-parte.   The complainant filed proof affidavit, documents and written arguments etc.  The complainant pleaded and contended that he booked articles weighing 11.400 Kg. containing masala, sweets and snacks at Thygaraya Nagar HPO, Chennai vide receipt No.ET200814677IN on 03.11.2018 and paid a sum of Rs.5,782/- as speed post charges and Rs.210/- towards packing charges as per Ex.A1 & Ex.A2.   Further the contention of the complainant is that the articles to be delivered to his son, Saravanan Panneer Selvam living at Germany residing at Rebenring 62-04-05, 38106 braun schweig, Germany.   Further the contention of the complainant is that he had written the correct From Address and To Address and phone numbers as per Ex.A1. But the complainant has not pleaded and proved that he has affixed the said address and phone numbers in the parcel.  Further the contention of the complainant is that the booking clerk collected the charges and issued a print out of customs declaration for the complainant’s signature wherein, it is pointed out the mandatory columns that ‘POST CODE (38106), STREET NUMBER and DOOR NUMBER (62-04-05) and PHONE NUMBER (4917681889777) etc are found missing.   The booking clerk told that it is an usual procedure and it need not to be filled.  The given information alone is sufficient; is not acceptable because, admittedly, the customs declaration, print out having the blanks regarding door No., phone No., etc which shall be duly filled up before registering the parcel.  

7.     Further the contention of the complainant is that the article should be reached within 3 days i.e. on 06.11.2018.  But the articles were not delivered to the ‘To Addressee’.  Hence, several e-mails were sent to the post office from the sender side and the addressee side.   At long last, the parcel returned to the complainant on 24.12.2018 after 52 days in a spoiled nature without delivering to addressee. But the complainant has not produced the returned article before this Forum to prove that the said article is in such an unusable condition.   Further the contention of the complainant is that due to deficiency in service of the opposite party and ignorance in taking the address and other particulars caused great loss and mental agony.  But it is the duty of the complainant to give correct particulars and address in such a manner and due declaration to the opposite parties.  In this case, there is no iota of evidence to show that the complainant has given correct declaration.  Equally, Ex.A1, details of the address also not affixed in the parcel by the complainant proves that there is no deficiency in service on the part of the opposite parties.  Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 18^th day of December 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	03.11.2018	Copy of speed post cover
Ex.A2	03.11.2018	Copy of Customs Declaration Form
Ex.A3	09.12.2018	Copy of complaint
Ex.A4	15.03.2019	Copy of Germany Rental receipt
Ex.A5	18.12.2018	Copy of Track Consignment
Ex.A6	14.01.2019	Copy of legal notice
Ex.A7	16.01.2019	Copy of acknowledgement of the 2nd opposite party
Ex.A8	16.01.2019	Copy of acknowledgement of the 3rd opposite party
Ex.A9	29.01.2019	Copy of reply notice of the 3rd opposite party
Ex.A10		Copy of Aadhar Card

 

 

 

MEMBER                                                                                                                                                      PRESIDENT