STATE CONSUMER DISPUTES REDRESSAL COMMISSION

ANDAMAN AND NICOBAR ISLANDS

PORT BLAIR

                                                 Appeal Case No. 05 of 2002

Present:                         1. Justice S.N. Bhattacharjee

                                         President, State Commission

                                      2. Shri D.P. Mukhopadhyay

                                         Member, State Commission

                                      3. Ms. G.Kaur

                                          Member, State Commission

Post Master,

Head Post Office, Port Blair 

vs  

                                                                         Appellant

Smti Ranjana Banerjee

W/o Shri B.Banerjee

Qtr. No. H/3, Haddo

Port Blair 

                                                                       Respondent

Dated 27.05.2004

                                                                                                               JUDGEMENT

This is an appeal directed against the Judgement & Order dated 22.02.2002 passed by the District Forum, Andaman & Nicobar Islands in CD case No. 9 of 2001 where by the District Forum awarded an amount of Rs. 1090/- (Rupees One Thousand Ninety only) as compensation in favour of the Complainant — Respondent.

          The Respondent herein filed a complaint before the District Forum alleging that a speed post article containing two Demand Drafts was booked at the Head Post Office, Port Blair on 22.09.2000 addressed to the Claimant Smti. Ranjana Barierjee who was at that time residing at C/o Smti Sumitha Nath, 33/1 Jairam Nayabhusan lane, P.O. Bhatpara, 24, Parganas (N) —743123, West Bengal  but the said speed post article was not delivered to the claimant at the above address, . It was farther alleged that due to non receipt of the envelope sent by this speed post containing two Demand Drafts the complainant could not complete her treatment in mainland and returned to Port Blair without completion of medical treatment. The claimant filed a complaint claiming a compensation of Rs. 1,00,000/- for deficiency of service by the Postal Authorities. The defence was that a speed post envelope reached Bhatpara Post Office on 23.09.2000 without delay and attempt was made to serve the same on the addressee on 24.09.2000 but delivery could not be effected as the addressee was not present at the address given on the envelope. One person made attempt to have the delivery of speed post from the Postal Authority Bhatapara without any authority from the addressee. It was disclosed that Smti Ranjana Banerjee was admitted into Calcutta Medical Research Institute at Bed No. 431/C. The medical institute was situated within the jurisdiction of Alipore Head Post office and as such the Bhatpara Post office re-directed the said envelope to the Head Post office for delivery to the addressee. The Alipore Post office on receipt of the said envelope effected service upon the medical authorities for handing over the same to the addressee occupying Bed No. 431/C of the institute. Such delivery upon CMRI was effected within 6 days on 29.09.2000.

The Ld. District Forum found that the said envelope was received by the receiving Desk Personnel, CMRI with their official seal, but held that the CMRI was not authorized by Smti. Ranjana Banerjee to receive the said postal articles and as such the delivery upon CMRI authorities is not a delivery upon the addressee. The Forum.below on the basis of evidences on records also found that there was no financial loss to the complainant as duplicate Draft cheques were procured by her and the same was encashed. It  also found that the envelope was not delivered to the addressee by CMRI. So the Ld. Forum below awarded a sum of Rs. 1000/- as compensation for the mental agony suffered by the claimant and Rs.90/- as the value of the stamp paid. Thus a total amount of Rs.1090/- was awarded to the Respondent by Ld. District Forum. Being aggrieved the  Respondent Post Master, Head Post Office has come up with this appeal. After having heard of Ld. Counsel of both the sides and after having perused evidences on records we are sorry to say that we do not agree with the decision arrived at by the Ld. District Forum.

As soon as the speed post article reached, the destination at Bhatpara Post Office on 23.09.2000 and therefrom to the addressee at her written address on 24.09.2000 the liability of the post office comes to an end. There was no delay in transmitting the article to the destination from Andaman to Bhatpara. If the addressee remains absent from the destination without intimating the Postal Authorities ft is not the fault of the Post Office for being unable to handover the article to the addressee. It is not the case of complaint that the delivery was refused to the agent authorized by her. On the other hand, we appreciate that Bhatpara Post Office instead of returning the speed post article to Andaman Post Office took the burden of sending the same within jurisdiction where CMRI was situated. If the Postal Peon had no access to the Bed of the patient he was justified in handing over the article to CMRI authorities bonafide expecting that the article would reach the patient who was on the sick Bed. Fault, if any, lies with the CMRI, the recipient of the article. The Medical Authorities acted irresponsibly in receiving and withholding the article of the said patient. If the delivery could not be effected for want of Bed number or name of the ward it should not have received the article. Unfortunately, the addressee could not expect this kind of service from such a reputed institution of the biggest metropolis of our Country. Be that as it may, the Postal Authorities are not at fault and cannot be held guilty of deficiency of service. So the compensation granted against the appellant is not justified and the appellant is not liable to make any payment of compensation as directed by the Forum below. We set aside the judgement appealed against. In the result, appeal is allowed without any cost.