Rohan Verma filed a consumer case on 09 Feb 2023 against Senior Postmaster Head Post Office in the Patiala Consumer Court. The case no is CC/20/112 and the judgment uploaded on 22 Feb 2023.
Punjab
Patiala
CC/20/112
Rohan Verma - Complainant(s)
Versus
Senior Postmaster Head Post Office - Opp.Party(s)
Sh S.P Verma
09 Feb 2023
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
PATIALA.
Consumer Complaint No. 112 of 13.8.2020
Decided on: 9.2.2023
Rohan Verma, aged 19 years R/o 143, New Mehar Singh Colony, Tripuri Town, Patiala-147004(Pb) …………...Complainant
Versus
Senior Postmaster, Head Post Office, Opp. Hotel Mohan Continental, Patiala-147001(Pb).
Senior Superintendent of Posts -Patiala Postal Division, Head Post Office, Opp. Hotel Mohan Continental,Patiala-147001(Pb).
…………Opposite Parties
Complaint under the Consumer Protection Act
QUORUM
Hon’ble Mr.S.K.Aggarwal, President
Hon’ble Mr.G.S.Nagi,Member
PRESENT: Sh.S.P.Verma, counsel for complainant.
Sh.J.D.Bansal, counsel for OPs.
ORDER
The instant complaint is filed by Rohan Verma (hereinafter referred to as the complainant) against Senior Postmaster (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
The averments put forth by the complainant are as follows:
That the complainant through OP No.1 booked a postal article i.e. small light card board white box (40 gms) through registered post bearing No.RP897208918IN dated 30.5.2010 and paid Rs.27/- in cash at designated office-counter of the OPs department for its delivery at the addressed destination via Arjungarh SO-110047(Delhi/New Delhi) containing a declaration-Form dated 30.5.2020 alongwith 01 piece of “Ant Audio W56 Red-Metal Wired Head Set with MIC-Earphone, manufactured by M/s Ant Audio Limited, Schotland, UK and imported by M/s ACRO ENGG COMPANY, New Delhi (which was being sent for replacement to the delivery addressee/authorized customer care/Authorized Service Centre i.e. M/s Acro Engg. Company, Head Office- Khasra No.522/1, Village-Jaunapur, New Delhi-110030 as per its warranty/guarantee period.
The said earphone was purchased for Rs.549/- through on-line vide invoice dated 1.9.2019. Vide e-mail dated 23.5.2020, the company team i.e. Acro RMA support acknowledged the online submission of replacement claim and vide its next email dated 24.5.2020 accepted the said warranty-claim vide ticket No.ID Number-acrorma00388809 and stated to notify further once the claim is processed. The complainant kept waiting for further response but none came. In the last week on May,2020, the complainant enquired from the company on its mobile No.09910038574 to which it informed about non receipt/non delivery of said earphone at its office. Due to said non-delivery, complainant immediately checked online delivery status on the OPs’ department’s website and found that it reached Delhi RMS Bhavan CRC LIR on 9.6.2020 and remained stuck there with no further movement. Complainant contacted the OPs and also filed an online complaint on 1.7.2020 vide complaint No.2000306720 which came to be settled or auto-closed on 9.7.2020 with the online-status that, the article has been delivered on 8.7.2020 through Arjungarh SO. Complainant checked the online delivery status of registered post articlewhich showed with mentioned date 8.7.2020 that , item delivered to Acro Addressee-Item delivery confirmed, while the same had been delivered after one month but the addressee-recipient company i.e. Acro Engg. Co. has declined to have received any said registered postal article. At this complainant filed another application/complaint dated 13.7.2020 with OP No.2 for supplying certified copy of the proof of delivery/delivery sheet/run sheet of the registered post article in question but the same has not been supplied till date. The OPs have neither delivered the article nor returned the same. The act and conduct of the OPs amounts to deficiency in service on their part. Consequently, prayer has been made for acceptance of the complaint.
Upon notice, OPs appeared through counsel and filed written statement having taken certain preliminary objections. It is alleged that one article booked by HO Post Office, Patiala vide No.RP897208918IN on 30.5.2020 for ACRO Engineering Co. Arjungarh (New Delhi) was safely delivered to the destination on 8.7.2020. It is also mentioned that due to Covid-19 some difficulties were faced everywhere but postal department was doing its best to provide its services. The department is not liable to make refund of postal charges paid and the cost of earphone. There is thus no deficiency in service on the part of the OPs. After denying all other averments of the complainant, the OPs have prayed for the dismissal of complaint.
In support of the complaint, ld. counsel for the complainant has tendered in evidence, Ex.CA affidavit of the complainant alongwith documents Ex.C1 (colly) to Ex.C7 and closed the evidence. Ld. counsel for the complainant has made the statement that he does not press the application dated 28.12.2020 moved by the complainant.
On the other hand, ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Priyanka Sharma, Sr.Post Master alongwith documents, Ex.OP1 copy of delivery manifest of Charan Singh, Ex.OP2 copy of receipt of article and closed the evidence.
We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
Concededly, complainant booked an article specifically earphones through registered post bearing No.RP897208918IN dated 30.5.2020 from GPO, Patiala, (Ex.C1) which was to be delivered to M/s Acro Engineering Company, New Delhi.The said article was delivered on 8.7.2020,(Ex.C2) after a period of almost 40 days from the date of the registration. The complainant has alleged that there is delay in the delivery of the said article. In this regard, ld counsel has placed on record copy of Citizens’ Charter of Department of Posts,(Ex.C8) as per which delivery of first class Mail & Registered Letter was required to be delivered within 5-6 days of its booking.
However, ld. counsel for the OPs has argued that the article was delivered and the delay if any, was due to outbreak of Covid 19 as a result of which difficulties have been faced by the Postal Departments. However, Ld. counsel for the complainant has placed on record copy of order of Govt. of India, Ministry of Home Affairs dated 17.5.2020, whereby Inter-State movement of passenger vehicles and buses, with mutual consent of the States & UTs was permitted with certain restrictions and lockdowns measures were to be continued upto 31 May,2020.
From above, it transpires that there was partial lifting of the lockdown w.e.f.31.5.2020 and interstate movement of goods was allowed w.e.f.31.5.2020. However, various Govt. offices were asked to work with a skeleton staff. There is no denial to the fact that article booked on 30.5.2020, just a day before the lifting of reinstruction for interstate movement of goods, was delivered on 8.7.2020 after a period of 40 days . It is also admitted fact that article was delivered. Thus, prayer No.3 for refund of cost of article amounting to Rs.549/- of the product has become infractuous. However, it cannot be denied that there was delay in delivering the article (earphone) for which some reasonable compensation is required to be awarded in favour of the complainant as he was unable to attend online classes due to delay in delivery of the said earphone, which is a deficiency in service. As such the complaint is partly allowed, and we deem it appropriate to award Rs.2000/-as compensation alongwith Rs.1000/-as costs of litigation. We order accordingly. Compliance of the order be made by the OPs within a period of 30 days from the date of the receipt of certified copy of this order.
The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
G.S.Nagi S.K.AGGARWAL
Member President
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