BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Amandeep Singh Manaise, H.No.139, Sec.16-A, Chandigarh presently residing at Kothi No838, Phase-3B1, Mohali.

….…Complainant

                           V E R S U S

1.      Senior Superintendent of Posts, General Post Office, Sec.17, Chandigarh.

2.      The Manager, Mail Business Unit, Chandigarh Sorting Office, GPO, Sector 17, Chandigarh.

3.      The Post Master, Post Office Moonak, Distt. Sangrur.

4.      The Post Master, Post Office Batala, Distt. Gurdaspur.

5.      The Post Master, Post Office Abohar, Distt. Ferozepur.

6.      The Post Master, Post Office, Sector 15, Chandigarh.

                                  ..…Opposite Parties

CORAM:  SH.JAGROOP SINGH MAHAL PRESIDENT

              DR.(MRS) MADHU BEHL       MEMBER

Argued by: Ms. Ravinder Kaur, Adv. for complainant.

 Sh. Ravinder Pal Singh, Adv. for OPs.

PER SHRI JAGROOP SINGH MAHAL, PRESIDENT

             Succinctly put, on the New Year eve, the complainant sent 369 greeting cards to his friends and relatives through OP-2 on 26.12.2008 and paid Rs.1550/- as postage as demanded by OP-2 and they affixed stamp of “postage prepaid” on each envelope.  However, he came to know that the postmen were charging postage on the cards dispatched by him despite the stamp on the envelope and he felt insulted and shocked.  On 3.1.2009 he received a greeting card back as the addressee refused to pay the postage of Rs.8/- demanded by the postman and when he drew the attention of the postman to the stamp of “Postage Prepaid” he asked him to pay Rs.8/- and make all the enquiries from OP-2.  On 7.1.2009 he represented to the OP-2 but nothing was done.  Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice.

2.             In their written reply the OPs admitted that the complainant posted 369 New Year greeting cards through MBU, Chandigarh on 26.12.2008 and paid postage of Rs.1,550/-. It has also been admitted that some articles were wrongly treated as unpaid and charged as per weight.  It has been submitted that the whole thing happened as the “Postage Prepaid” stamp resembled with “date stamp”  and as such some articles were treated as unpaid articles.  It has been pleaded that the officials at fault were proceeded under Rule 16 of the CCS (CCA) Rules, 1965. It has been denied that there was any malafide intention on the part of the OPs and amounts of Rs.10/- and Rs.8/- which were wrongly charged have already been ordered to be refunded to the complainant.   Pleading that there has been no deficiency in service or unfair trade practice on their part prayer for dismissal of the complaint has been made. 

3.             Parties led evidence in support of their contentions.

4.             We have heard the Learned Counsel for the parties and have also perused the record. 

5.                        The contention of the complainant is that he had posted 369 new year greeting cards through Mail Business Unit, Chandigarh i.e. OP-2 on 26.12.2008 and paid the postage of Rs.1550/- regarding which the “postage prepaid” stamp was put on each of the envelops. This fact is admitted by the OPs.  The complainant has produced Annexure C-2 the greeting card sent to Smt.Surjit Kaur and Annexure C-3 sent to Mr.Munish Vaid regarding which the OPs charged Rs.8/- from Smt.Surjit Kaur and demanded Rs.8/- from Mr.Munish Vaid but he refused to pay.  Similarly Annexure C-4 was sent to Sh.Sukhdev Singh Dhaliwal from whom also Rs.10/- were demanded by the OPs and when he refused to pay it was delivered back to the complainant from whom Rs.10/- were charged.  The contention of the OPs is that it all happened due to the reason that the “prepaid postage” seal of Mail Business Unit resembles the seal of the post office and therefore their employees did not read the “prepaid postage” seal properly and treated the envelops having not been stamped properly and demanded the postage. According to the OPs the letter addressed to Sh.Sukhdev Singh Dhaliwal, Abohar was erroneously taxed by Abohar post office regarding which Smt.Shashi Bala the officiating SPM and Sh.Baldev Krishan mail delivery clerk have been proceeded under Rule 16 of CCS(CCA)Conduct Rules, 1965.  It is admitted that when the said greeting card was received from Abohar, it was delivered to the complainant and Rs.10/- were charged from him.  A penalty of ‘Censure’ has been awarded to Smt.Shashi Bala, officiating SPM, whereas  Sh.Baldev Krishan, mail and delivery clerk is yet to submit his reply. The case of the complainant is therefore proved that they were deficient in rendering proper service and have charges Rs.26/- from the complainant.  They have however given the reason for charging the said amount which appears to be reasonable.  Otherwise also no personal benefit was to accrue to the officials who charged the amount and it cannot be said if the amount was taken for any personal benefit by any of the employees.  One of the employees had already been punished and a show cause notice has been served on the other employee, who is also likely to be punished.

6.                        However since the OPs have been deficient in rendering proper service, we are of the opinion that the present complaint must succeed. The same is accordingly allowed. The amount involved is only Rs.26/- and pertains only to the three greeting cards, we therefore allow the compensation of Rs.1500/- to the complainant which shall be paid by the OPs within 30 days from the receipt of the copy of this order alongwith litigation costs of Rs.500/- failing which the OPs would be liable to pay the same alongwith penal interest @12% p.a. since the filing of the present complaint i.e. 28.10.2009, till the amount is actually paid to the complainant.

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.