By Jayasree Kallat, Member: The complainant,Vipin.K. who is a student has filed the petition against the opposite party alleging negligence and deficiency on the part of opposite party. The complainant had sent a filled application form for the Entrance Examination of Cochin University of Science and Technology (CUSAT) for the year 2009. The cover was sent by speed post from the Speed Post Centre of Head Post Office, Kozhikode. The cover was entrusted on 5-3-09 and received the receipt for the same. The last date for the form to reach the University was 8-4-09. On 5-5-09 as the complainant did not get the admission ticket from the University Web site he made enquiries and came to know that the application form sent by the complainant did not reach the University. As the University did not receive any application form they could not take any steps. Complainant had expended a considerable amount of money towards the coaching for the Entrance examination. He had to travel a long distance from his house to the coaching centre to attend the coaching class. Even though complainant had taken pains to attend the coaching class for the entrance examination he could not write the examination due to the negligent and deficient service of opposite party. Hence this petition claiming compensation for the loss and mental agony he had to suffer because of the deficient service of opposite party. Opposite party filed a version denying the allegations made by the complainant except which are specifically admitted. The complaint is bad for non joinder of necessary party Union of India. Opposite party admits the fact that the complainant had booked a speed post article addressed to the Director, IRAA Unit, KUSAT, Kochi from Speed Post Centre, Calicut on 5-3-09. On 12-5-09 he lodged a complaint alleging that his speed post article was not delivered to the addressee. The enquiries made in this regard revealed that the article in question was included in the Speed Post bag by speed post centre, Calicut for Speed Post Centre, Kochi. However the further movements of the bag could not be established in a conclusive manner. It has not been possible to trace out the bag. The enquiries are still going on. Complainant did not reveal the contents of the article, and did not insure the same. Opposite party denies the averments in the complaint that he had made the preparations for a whole year for the purpose of KUSAT Entrance Examination. Opposite party admits that the department has failed to effect delivery of the speed post article booked by the complainant. Postal department handles about 6700 million postal articles in a year they have to deal with millions of packets, millions of post cards, hundreds of bags containing magazines etc. Due to this bags are sometimes miscarried or over carried, thereby causing delay or even loss. The department has been given absolute immunity from action in damages or loss by Section-6 of the Indian Post Office Act unless it is caused by fraudulently or willful Act or default. As per Rules 66-B of Indian Post Office Rules 1933 compensation for the loss of a speed post article shall be double the amount of composite speed post charge paid or Rs.1000/- which ever is less. In view of statutory provisions the complainant is not entitled to any compensation as sought in the complaint and it is liable to the dismissed. The only point for consideration is whether the complainant is entitled for any relief sought in the petition, if so what is the quantum? Complainant was examined as PW1 and Ext.A1 to A5 were marked on complainant’s side. No oral or documental evidence on opposite party’s side. The complainant’s case is that he had made preparation for one whole year to write the entrance examination conducted by the Cochin University of Science and Technology. After the preparations for one year he had sent the application by speed post from the Speed Post Centre, Kozhikode to Speed Post Centre, Kochi. As the complainant did not receive admission ticket details from the University Web site he made enquiries and came to know that the University did not receive his application. On further enquiry he came to know that the bag carrying his application was misplaced in transit by the speed post. Due to the negligent and deficient act of opposite party complainant had suffered great hardship and mental agony. According to the complainant he is of a financially backward family. His parents had taken loan for the coaching. He had to travel from Malappuram to Kozhikode to attend the coaching classes. After taking great pain and preparation for the examination he could not write the examination. Opposite party has taken the view that the complainant cannot claim any compensation from the opposite party by quoting Section-6 and Rules 66-B of Indian Post Office Act. Opposite party is claiming immunity as per Sec.6. But this Forum is of the opinion that the complainant can file a petition before the Forum as per Section-3 of the Consumer Protection Act which says that “ the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force”. A consumer can approach this Forum for redressing his grievance for any act of negligence and deficiency in service by any party. From the evidence and documents filed by the complainant the Forum has come to the conclusion that complainant had to suffer because of the negligence and deficient service of opposite party. Complainant has paid an amount of Rs.780/- the cost of application form document No.A5 is proof enough to show this. Ext.A4 and Ext.A4(a) shows that the complainant was a bright student. Ext.A1 the postal receipt shows that complainant had sent an article by speed post. The Forum is of the opinion that the complainant is entitled for compensation opposite party has been negligent and deficient in handling the postal article sent by the complainant. As to the quantum of compensation claimed by the complainant we are of the opinion that it is of an exorbitant amount. Even though the complainant could not write the KUSAT examination he had admitted during evidence that now he is studying for B.Tec. in Trichur. So the coaching for which he has attended has become useful. KUSAT being a reputed University it would have been more fruitful for the complainant if he had got admission in KUSAT. Hence we are of the opinion that the complainant is entitled for an amount of Rs.1000/- which he has expended towards the application form and sending the form by speed post. We are also of the opinion that the opposite party is liable to pay an amount of Rs.5000/-( Five thousand only) to the complainant as compensation for the mental agony and hardship the complainant and his family had to suffer. In the result the petition is allowed and the opposite party is directed to pay an amount of Rs.6000/- ( Six thousand only) to the complainant within one month from the date of receipt of copy of this order. Pronounced in the open court this the 15th day of December 2009. Sd/- Sd/- Sd/- PRESIDENT MEMBER MEMBER APPENDIX Documents exhibited for the complainant. A1. Photocopy of postal receipt. A2. Photocopy of letter dt. 12-5-09. A3. Cochin University of Science and Technology Academic Hand Book. A4(a) Attested Photocopy of Secondary School Leaving Certificate. A4(b) Attested Photocopy of Certificate of Higher Secondary Examination. A5. Photocopy of Pay-in-slip for CUSAT Entrance Application Form. Documents exhibited for the opposite party. Nil Witness examined for the complainant. PW1. Vipin.K. (Complainant) Witness examined for the opposite party. None. Sd/- President // True copy // (Forwarded/By order) SENIOR SUPERINTENDENT.
......................G Yadunadhan
......................Jayasree Kallat
......................L Jyothikumar | | 
