Ms. Nidhi Verma, Member.

1        The present complaint has been received from the District Consumer Disputes Redressal Commission Amritsar by the order of the Hon’ble State Consumer Disputes Redressal Commission Punjab, Chandigarh for its disposal.

2        The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 12 and 14 against the opposite parties on the allegations that the complainant purchased the medicine from Dr.Ashwani Prabhakar B.A.M.S. V.P.O. Sultanwind Main Bazar, Sultanwind Amritsar for the treatment of her son namely Navinder Singh son of Rajwant Singh who was living abroad i.e. Italy for the value of Rs.10000/- on 11.1.2017. The complainant send the same to Italy to her son through a registered post parcel on dated 12.1.2017 vide receipt no.EP4365230361N of the weight of 710 grams and paid Rs.1340/- to the opposite party. But the said parcel has not been reached at its destination till date. Due to this non reaching of the medicine of the complainant to her son her son is suffering more problem in the body but due to non-supply of medicine, son of the complainant could not got his treatment till date. The complainant through auto and bus many times approached the opposite parties to their office but no satisfactory reply has been given by the opposite parties nor the goods reached at the destination. Thereafter the complainant made a complaint in writing to the opposite parties on 20.3.2017 at their Customers Care Centre bearing No.143100-19042 but till date neither any reply has been given by the opposite party nor the goods reached at the destination. The complainant also wrote a letter to opposite party No.1 regarding non reaching of the medicine at its destination on dated 1.6.2017 but till date no satisfactory reply has been given by the opposite party to the complainant nor the medicine reached at its destination. The aforesaid act on the part of the opposite party in not providing any service to the complainant amount to deficiency in service under the provisions of Consumer Protection Act. The complainant prayed that the following directions may kindly be issued to the opposite parties

1. To give direction to the opposite parties to pay the amount of Rs.10,000./- along with interest @18% p.a. from the date of dispatch of the material till the date of its realization.
2. To give direction to the opposite parties to pay compensation to the tune of Rs.50000/- on account of causing mental and physical harassment and agony to the complainant.
3. To pay litigation expenses to the tune of Rs.5000/-.

3        After formal admission of the complaint, notice was issued to opposite parties and opposite parties appeared through counsel and filed written version and contested the complaint by interalia pleadings that  the complainant has not come to this Commission with clean hands and has suppressed various  material facts. As such complainant  is not entitled for any relief from this Commission. The complainant is estopped by his act and conduct from filing the present complaint. No cause of action has ever arisen in favour of the complainant and against the Opposite parties.  The complaint of the complainant is legally not maintainable in the present form and as such same deserve dismissal.  The complainant has got no locus standi to file the present complaint. The complaint is bad for non joinder of necessary parties. No prior notice Under Section 80 of CPC has been served against the provisions of section 79 as well as article 300 of Constitution of India. Brief history of the case is that Speed post article No. EP-436523036IN was  booked from Amritsar Head post office on 12.1.2017 at 1746 hours and the article was meant to be delivered in Italy. The weight of article as per photo copy of receipt attached by the complainant and the MPCM booking history is 710 gm and Rs.1,340/- was charged on account of speed post article booking. The contents of speed post article were not known to the Opposite parties as the article in routine was brought at the counter of Opposite parties duly packed and self declaration of sender was attached for custom purpose by the sender. The article in question was dispatched to the next destination that is National sorting Hub, Amritsar in speed post article bag No.EBP0004963967 duly entered at serial 8/75 in speed post manifest to NSH, Amritsar on 12.1.2017 Thereafter complainant approached the Opposite parties i.e. Amritsar HO and submitted a complaint vide letter No. NIL and dated nil at Amritsar HO on 20.3.2017 regarding non receipt of speed post article under reference to the recipient. The customer care centre Amritsar Head post office registered the complaint of the complainant under complaint No. 143100-13042 on 20.3.2017. As Delhi International SPC is the office which handles foreign mails i.e. transit office, the matter was taken up with that office and as per reply received on 21.4.2017, the matter was further taken up with destination country i.e. Italy. Later on 7.6.2017 the contact No. of sender was called for by Delhi International SPC. On 27.6.2017 Delhi International SPC intimated Amritsar Head post office via grievance handling system that article is missing at the end of Air France Airlines and directed Amritsar Head post office to request the complainant to submit the claim of booking Amritsar Head post office and asked Amritsar Head post office to settle the case at the cost of Air France Airlines and to close the complaint on web. Subsequently, opposite parties sent the same information to complainant at her available address by post as well as on web complaint no.143100-13042 . On 27.6.2017 complaint was closed on web and after that no further enquiries were made by the complainant. On receipt of present complaint the  matter was re-inquired and as per latest reply offered by New Delhi SPC through email the article in question was received in Italy on 5.7.2017 for delivery and after attempted failed deliveries to addressee, article was returned to sender by Italy post on 17.8.2017.  Further the speed post article under reference was received at National Sorting Hub, Amritsar on 24.8.2017 in speed post bag No. EBD0012393139 DATED 22.8.2017 through Delhi International SPC duly entered at S.No.13/18 in slip dated 22.8.2017. The article under reference was sent to Nodal Delivery office, Amritsar 24.8.2017 by entry in bag No.EBP0006191803 at serial No.24/30. The said article was received back in NSH Amritsar from Amritsar Head post office on 25.8.2017 in speed post bag No.EBP0003228063 duly entered at SNo.8/9. The article was thereafter sent to NSH Foreign OE Delhi on 25.8.2017 duly entered at Sr.No.7/7 in bag No. EBP0006900868. Further the said article was again received in NSH Amritsar on 123.10.2017 in bag No.EBD0012927630 dated 10.10.2017 at serial prepared by INDELB- Delhi EMS. The said article was sent to SJS Avenue PO Amritsar for delivery on 12.10.20917 duly entered in bag No. EBP0005825198 at serial No.30/36 by NSH Amritsar. The said article was received back in NSHG Amritsar on 14.10.2017 by entry in bag No.EBP0007192208 at serial No.1/1 prepared by SJS Avenue PO Amritsar. However, at present as per NSH Amritsar further disposal of said article is not forthcoming from the record of NSH Amritsar after 14.10.2017. Departmental enquiry into this matter is currently ongoing. As per the departmental procedure, due compensation has already been paid to the sender vide Cheque No.007531 dated 22,11,2017,  the Opposite parties Head post office Amritsar under registered post No.RP656323431IN on 22.11.2017.  Speed post article No.EP436523036IN was booked from Amritsar Head post office on 12.1.2017 at 1746 hours and the article was meant to be delivered in Italy. The weight of article as per photo copy of receipt attached by the complainant and the MPCM booking history is 710 gm and Rs.1340/- (Rs One thousand three hundred and forty only) was charged on account of speed post article booking. As per reply received from Delhi International SPC vide their office letter No. SP/EP/OW/35/2017-18 dated 10.11.2017 that article under reference was dispatched to Italy vide dispatch No.0009 in bag No.001 dt. 16.1.2017 via flight No.AF-225. Upon receiving the complaint regarding the article under reference on 20.3.2017, the matter was taken up with foreign admin by Delhi International SPC and it was intimated by foreign administration that article was not received in their network. Further matter was taken up with Air France Airlines by Delhi International SPC but no final reply was received after many reminders and the article was missing at the end of Air France Airlines. As per IPS web tracking the article under reference was arrived at Italy dated 5.7.2017 and after failed delivery attempt, the article was returned to India since the article under reference was unclaimed. Therefore, the article was delivered at the destination country, but could not be delivered to the recipient in spite of delivery attempt and hence was finally sent back to the sender due to articles unclaimed status. As per contents of speed post article were not known to post office at any stage the rest part of the para is denied for want of knowledge. Complainant approached the office of booking i.e. Amritsar HO and submitted a complaint vide letter No. NIL and dated nil at  Amritsar HO on 20.3.2017 regarding non receipt of speed post article under reference to the recipient. The customer care office centre Amritsar  Head post office registered the complaint of complainant under complaint No.143100-13042 on 20.3.2017. As Delhi International SPC is the office which handles foreign mails i.e. transit office, the matter was taken up with that office and as per reply received on 21.4.2017, the matter was further taken up with destination country i.e. Italy. Later on 7.6.2017 the contact No. of sender was called for by Delhi International SPC. On 27.6.2017 Delhi International SPC intimated Amritsar Head post office via grievance handling system that article is missing at the end of Air France Airlines and directed Amritsar Head post office to request the complainant to submit the claim of  booking Amritsar Head post office and asked Amritsar Head post office to settle the case at the cost of Air France Airlines and to close the complaint on web. Written complaint of complainant was received with Sr Supdt. of post offices Amritsar division vide letter dated 1.6.2017. The complainant approached the office of booking i.e. Amritsar HO and submitted a complaint vide letter No. NIL and dated nil at Amritsar HO on 20.3.2017 regarding non receipt of speed post article under reference to the recipient. The customer care centre Amritsar Head post office registered the complaint of the complainant under complaint No.143100 13042 on 20.3.2017. As Delhi International SPC is the office which handles foreign mails i.e. transit office, the matter was taken up with that office and as per reply received on 21.4.2017, the matter was further taken up with destination country i.e. Italy. Lateron 7.6.2017 the contact No. of sender was called for by Delhi International SPC. On 27.6.2017 Delhi International SPC intimated Amritsar Head post office via grievance handling system that article is missing at the end of Air France Airlines and directed Amritsar Head post office. Proper booking facility was provided to the complainant as per speed post article was duly booked and later dispatched on to next destination promptly and properly by Amritsar Head post office. Later on without any delay the article was further sent to Delhi international PC the NSH, Amritsar. Upon receiving the complaint of the complainant the complaint was duly registered on the same day and customer care Amritsar head post office was in constant touch with next destination office as well as with complainant. Upon receipt of intimation from  Delhi International SPC to settle the claim at the end of Air France, the complainant was duly addressed via post and via grievance redressal system on web. Upon later enquiry it also came to light that article under reference was actually delivered to the destination country and only returned to sender due to being unclaimed after failed delivery attempt. Further more as per the Opposite parties procedure, due compensation has already been paid to the complainant vide Cheque No.007531 dated 22.112017 the Opposite parties Head post office Amritsar under registered post No. RP656323431IN on 22.11.2017. Copy of memo dated 21.11.2017 issued by the office of Opposite parties. Opposite parties is not liable to pay any compensation to the complainant as due compensation has already been paid to the complainant vide Cheque No.007531 dated 22,11,2017,  the Opposite parties Head post office Amritsar under registered post No.RP656323431IN on 22.11.2017. Copy of memo dated 21.11.2017 issued by the office of Opposite parties. The opposite parties have denied the other contents of the complaint and prayed for dismissal of the same.

4        To prove her case, the complainant has tendered in evidence her affidavit Ex. C-1, copy of certificate issued by Dr. Ashwani Prabhakar Ex. C-2, copy of the postal receipt Ex. C-3, copy of application moved by the complainant Ex. C-4, copy of application Ex. C-5 and closed the evidence. Ld. counsel for the opposite party tendered in evidence affidavit of Sh. Makhan Singh Sr. Supdt. Posts Ex. OP1 and closed the evidence.

5        We have heard the Ld. counsel for the parties and have gone through the record on the file.

6        In the present complaint, the complainant Baljeet Kaur purchased the medicine from Doctor Ashwini Prabhakar BAMS, Amritsar for the treatment of her son  Navinder Singh who was living abroad - Italy for the value of ₹10,000 on 11 January 2017. The complainant send the same to Italy to her son through a registered post parcel on dated 12^th January 2017 vide receipt number  EP 436523036IN of the weight of 710 grams and paid Rs. 1,340/- to the opposite party but the said parcel was not reached at its destination till date. Due to non supply of medicine, son of the complainant could not get his medicine till date. The complainant made a complaint in writing to the opposite party on 20^th March 2017 at their customer care center bearing number 14310019042 but till date neither any reply has been given by the opposite party nor the goods reached at the destination. The complainant also wrote a letter to opposite party No. 1 regarding non reaching of the medicine at its destination on dated 1^st June 2017 but till date no satisfactory reply has been given by the opposite party. Opposite Parties stated in their written version that, the speed post article number IP436523036IN Was booked from Amritsar head post office on 12^th January 2017.and meant to be delivered in Italy.  The contents of speed post article were not known to the opposite parties as the article in routine was brought at the counter of opposite parties duly packed and self declaration of sender was attached for custom purpose by the sender. Complete detail of dispatched is as below :-

• The article dispatched to the next destination that is National Sorting Hub, Amritsar in speed post article bag number EBP0004963967 duly entered at serial 8 / 75 in speed post manifest to NSH, Amritsar on 12^th January 2017 (Annexure 2)
• Article was to be received in Italy on 5^th July 20 17 for delivery and after attempted failed deliveries to address , article was returned to sender by Italy post on 17^th August 2017.
• The speed post article under reference was received at national sorting hub Amritsar on 24^th August 2017 in speed post bag number EBD0012393139. (Annexure 5)
• Then article was sent to Nodal delivery office Amritsar on 24^th August 2017 by entry in bag number EBP0006191803 . (Annexure 6)
• Article received back in NSH Amritsar from Amritsar head post office on 25^th August 2017 in speed post bag number EBP0003228063 and the article was there after sent to NSH foreign OE Delhi on 25^th August 2017 in bag number IBP0006900868 (Annexure 7)
•  Further  the article was again received in NSH Amritsar on 23^rd October 2017 in bag number EBD001292763 (Annexure 8)
• The article was sent to SJS Avenue PO Amritsar for delivery on 12^th October 2017 duly entered in bag number EBP0005825198 (Annexure 9)
• The article was received back in NSH Amritsar on 14^th October 2017 by entering in bag number EBP0007192208 (Annexure 10)

However , as per NSH Amritsar further disposal of said article is not forthcoming from the record of NSH Amritsar after 14^th October 2017. As per departmental procedure due compensation has already been made to the sender vide cheque number 007531 on dated 22^nd November 2017 by the opposite parties head post office Amritsar under registered post number RP656323431 on 22^nd November 2017. Copy of Cheque and memo dated 21.11.2017 issued by the office  of OPs attached with written arguments (Annexure 11). The Article dispatched to Italy vide dispatch No. 0009 in bag No.001 dated 16.01.2017 via flight No. AF225 upon receiving the complaint , the matter was taken up with foreign admin by Delhi international SPC and it was intimated by foreign administration that article was not received in their network .  Further, matter was taken up with Air France airline by Delhi international SPC but no final reply was received after many reminders and the article was missing at the end of Air France airlines (Annexure 14 -emails). Thereafter, the article was delivered at the destination country but could not be delivered to the recipient in spite of delivery attempt and hence was finally sent back to the sender due to article unclaimed status.

7        In the view of above discussion and documents placed on record, it is admitted fact that goods are misplaced or undelivered by Ops. Hence, this complaint arises two questions :-

• Compensation of the article.
• Compensation for the amount the complainant paid to send the goods.

Transmission of Postal article is regulated by Indian post office rules 1933 framed by Government of India in exercises of the powers conferred by Indian post office act 1998 , as per rule 66B of Indian post office rules 1933 compensation for the loss of the speed post article shall be double the amount of composite speed post charges paid or ₹1000 whichever is less. As per written arguments of Ops they admitted the fact that after so much equiry into the matter , the article was received in Italy but same sent back to sender after attempted failed deliveries to addressee and further disposal of the article is not forthcoming from the record of NSH , Amritsar after 14.10.2017 . So as per the department procedure due compensation has already been paid to the sender vide cheque No. 007531 dated 22.10.2017 and same received on dated 23.11. 2017 . Thus , Ops already cleared the point No. 2.

Now regarding compensation of goods :-

The stand Taken by the OPs is that the contents and value of the postal article were not disclosed by the sender . Further, It has been argued that the central government or its postal officers are exempted from any liability or loss miss delivery of delay or damage to any postal article in course of transmission by post as per section 6 of the Indian post office act 1898 section 6 of the Indian post office Act read as under:-

“Exemption from liability for , miss delivery ,delay or damage:-  the government shall not incur any liability by reason of the loss, miss delivery or delay of or damage to any postal article in course of transmission by post ,except in  so far as such liability may in express terms be undertaken by the central government as hereinafter provided and no officer of the post office shall incur any liability by reason of any such loss, miss delivery, delay or damage unless he has caused the same fraudulently or by his willful act or default.”

8        The complainant cannot define the goods she send through registered post parcel by providing Dr. Ashwani Prabhakar medical slip with the amount of Rs 10000/- written on it (Ex C 2) . Further , the complainant did not disclosed the contents of the article at the time of the parcel and failed to provide any evidence that can prove that the goods are of Rs 10,000 . Hence ,we cannot grant the same to the complainant. OPs  followed up the matter at each stage and thus there was no negligence or carelessness on the part of the OP in the enquiry of the matter. The complainant is not entitled for any further compensation of speed post service as the said articles are not insured, it should have been send as insurance post . The loss of the said speed post article was not as consequences of any willful or negligence act of any postal employees .

9        In view of above discussion, there is no merit in the present complaint and the same is hereby dismissed. The parties are left to bear their own costs. Copy of order will be supplied to the parties by the District Consumer Disputes Redressal Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar.

Announced in Open Commission

22.09.2022