Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 523.
Instituted on : 06.09.2017.
Decided on : 23.07.2018.
Vijay Kumar, 38A/19, Old Gohana Stand, Rothak, Age 45, Mb.92555-33299.
………..Complainant.
Vs.
- Senior Post Master, Head Post Office, Near Mini-Secretariat, Rothak.
- Indian Postal Department through its Senior Superintendent of post office, Near Sir Chhotu Ram Park, Civil Road, Rohtak.
- Indian Postal Department through its Director postal services, Division-Haryana Distt. Ambala.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.RAJBIR SINGH DAHIYA, PRESIDENT.
SH. VED PAL, MEMBER.
Present: Sh.M.K.Vaid, Legal-Aid counsel for the complainant.
Smt. Veena Ahuja, A.R. of OPs.
ORDER
RAJBIR SINGH DAHIYA, PRESIDENT:
1. Brief facts of the case are that complainant filed a complaint on the ground that he sent some documents alongwith Bank demand drafts in an envelop/letter alongwith acknowledgement-slip by registered post to the ‘Registrar EIILM University Jorethang Distct NAMCHI, SIKKIM” through Head-post office Rohtak dated 19.05.2014. That the above said receiver refused to receive the said letter. Thereafter complainant approached the opposite party no.1 through written request dated 17.03.2015 for providing the delivery report but no response has been received from opposite party no.1 till now. That complainant also sent a reminder dated 15.01.2016 and also sent RTI application on dated 19.04.2016 but to no effect. That opposite parties provided an incomplete ‘delivery report’ but not provided the copy of ‘delivery run sheet”. That if the respondents provided the above said delivery report within time, on 17.03.2015, the complainant would not have suffer irreparable loss. That the act of opposite parties is illegal and amounts to deficiency in service. Hence, this complaint and the complainant has prayed for directing the opposite parties to pay Rs.80000/- on account of loss of his important documents, bank drafts, causing mental agony and harassment alongwith litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties filed their reply submitting therein that the department of Posts is exempted by law from all responsibility in case of loss, misdelivery, delay or damage to, any postal article in course of transmission by post. On merits, it is submitted that the registered article was booked from Rothak Head Post office on 19.05.2014 and dispatched on same day i.e. on 19.05.2014 and was delivered to the addressee on 26.05.2014 within the prescribed departmental norms. Hence there is no deficiency in service on the part of opposite parties. That the complaint was lodged after 09 months from the date of its booking whereas 60 days has been prescribed under Rules for lodging of complaint. Hence the Department of Posts enjoys exemption from the liabilities for non-delivery of letter under Section 6 of IPO Act, 1898. It is prayed that the complaint may kindly be dismissed at this stage.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and has closed his evidence. On the other hand opposite parties made a statement that reply already filed on their behalf be read in evidence.
4. We have heard learned counsel for the parties and have gone through material of the case very carefully.
5. The main objection taken by the opposite parties is that department of Posts is exempted by law from all responsibility in case of loss, misdelivery, delay or damage to, any postal article in course of transmission by post. But it is not a case of misdelivery, delay or damage to postal article. On the other hand, it is a case of non-providing the acknowledgement/delivery report to the sender in time despite his repeated requests. Had the delivery report been provided to the complainant in time, the addressee should have been traceable and the complainant could not have suffered loss of important documents. Hence there is deficiency in service on the part of opposite parties.
6. In view of the above, the complaint succeeds and the complainant is entitled for amount of Rs.10000/-(Rupees ten thousand only) towards compensation and Rs.3500/-(Rupees three thousand five hundred only) as litigation expenses which shall be paid by opposite parties to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
23.07.2018.
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Rajbir Singh Dahiya, President
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Ved Pal Hooda, Member.
