Meghalaya

StateCommission

A/7/2022

Laitumkhrah Post Office - Complainant(s)

Versus

Smti Cynthia E Rynjah - Opp.Party(s)

19 Dec 2022

ORDER

MEGHALAYA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

                      SHILLONG

 

F.A No.7 of 2022

 

BEFORE

 

Hon’bleMr.Justice(Retd) S.Pandey PRESIDENT

 

Learned Member : Shri W.Khyllep

 

        Learned Member : Shri C.P.Marak

 

Learned Member : Shri W.Synrem

 

Learned Member : Dr. G.B.M Mihsill

 

 

Laitumkhrah Post Office

Shillong-793003                                                 

                                            ...Appellant

 

 

                      -versus-

 

 

 

 

Smti Cynthia E Rynjah

Wanphai Cottage, Harisava Laban,

Shillong,East Khasi Hills District

Meghalaya-793004                          ...Respondent

 

 

 

 

For the Appellant     :   Shri N. Mozika, Advocate

For the Respondent    :  

 

 

Date of Judgment & Order  :   19.12.2022

 

Whether to be reported    :

 

 

 

 

 

 

 

 

Heard the Counsel for the Appellant Shri N. Mozika and Counsel for the Respondent.

              In the present Appeal a challenge has been made against the Judgment and Order dated 19.05.2022 passed by the District Consumer Disputes Redressal Commission, East Khasi Hills, Meghalaya, Shillong (herein after mentioned as District Consumer Forum)allowed Complaint Case No. 2 of 2022,whereby and where under awarded an amount of Rs. 20,000/- (Rupees Twenty Thousand) only by way of deficiency in service, Rs. 11,800/- (Rupees Eleven thousand and eight hundred) only for value of lost goods and cost of litigation Rs. 5000/- (Rupees Five thousand) only in favour of the Respondent.

The Complainant/ Respondent (for short will be mentioned as Respondent) filed the Complaint Case as mentioned above  making a Complaint that  three parcels were dispatched from Laitumkhrah Post Office, Shillong to the address of her daughter, Mrs. R. Pearl Rynjah, 48/1, Mainath, North Goa-403516. Three parcels were sent by tracking number (a) CN1123992791N (b) CN1123992821N and (c) CN1123991501N. Out of the three parcels, one did not reach to the destination. The parcel which was not received bears the tracking number CN1123992821N.

The Complainant approached the Laitumkhrah Post Office, Shillong and made several complaints with regards to the missing parcels where it was informed that the said parcel was wrongly sent to Hyderabad and that the parcel would be redirected back to the Goa address. But this did not happen. In this manner the post office failed to procure the lost parcel and the daughter of the Complainant was deprived of the said parcel. Description of the goods has been mentioned in the Complaint Case as below, as gift item worth Rs. 3500/- (Rupees Three thousand and five hundred) only, Saree worth Rs.300/- (Rupees Three hundred) only, Children’s book worth Rs.3,500/- (Rupees three thousand and five hundred) only and board games for children worth RS.5000/- (Rupees Five thousand ) only making it a total of Rs. 11,800/- (Rupees eleven thousand and eight hundred) only.

Notice was issued to the Appellant. From the order as dated 19.05.2022, it appears that the Appellant once appeared on 12.03.2020 and thereafter remained absent despite having received notice from the Commission on 28.10.2021. The case was proceeded ex parte against the Appellant, which appears from the order dated 19.05.2022.Ultimately, final order was passed vide order dated 19.05.2022. In the memo of appeal the plea has been taken that notice was received from the office of the learned District Commission, in turn the Appellant entered appearance through counsel on 12.03.2020 and made a prayer to give time to file show cause. But no further date could be given on account of Nationwide Lockdown due to the outbreak of Covid-19 therefore the movement in the State of Meghalaya was restricted.

Notice again was received on 03.02.2022, thereafter, the Appellant appeared and found that the Complaint Case has already proceeded ex parte vide order dated 23.12.2021. It has further mentioned in the memo of appeal that the Superintendent of the Appellant offered an ex-gratia compensation of Rs. 100 to the Respondent under clause 170 of the Post Office Guide vide letter No.CI/C.C No.47/2012 dated 02.03.2022 but the Respondent refused to accept it.

In the present appeal, this Commission vide order dated 18.10.2012 issued notice to the Respondent under Registered cover. Accordingly the notice was served upon the Respondent. The case was fixed on 14.11.2022, on that date the Respondent remained absent. This Commission in turn passed the following order dated 14.11.2022:-

“Mr. I. Sumer, learned counsel for the Appellant is present. None appeared from the side of Respondent. Vide order dated 18.10.2022, notice was sent to the Respondent. As per the postal department report, it appears that notice has been served upon the Respondent even then the Respondent has remained absent. Last chance is given to the Respondent to appear and take proper steps failing which this Commission would pass necessary orders. List the case on 19.12.2022.”

 Today the case has been called out, the counsel for the Appellant is present but the Respondent still remained absent. Looking into the facts and circumstances and taking into consideration the plea taken in the memo of appeal inasmuch as the manner the Respondent failed to participate in the present proceeding, this Commission is of the view that the matter requires fresh consideration by the District Forum after giving proper notice to both sides, taking into consideration the pleading of the parties, including any evidence led by the parties would pass the order. Accordingly, the order dated 19.12.2022 is set aside, and case is remanded back to the District Commission, Shillong. This Commission is not giving any opinion on merit of the case.

 

  

 Sd/-                          Sd/-

MEMBER                       MEMBER

                                               Sd/-

                                           PRESIDENT

 

 Sd/-                          Sd/-

MEMBER                       MEMBER