Delhi

North East

CC/240/2018

Sh. Rakesh Gupta - Complainant(s)

Versus

State Transport Department - Opp.Party(s)

26 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.240/18

 

In the matter of:

 

	Sh. Rakesh Gupta S/o Sh. Dayanand Gupta R/o C-110/1, Kh. No. 794/5, Opp. Dear Park, Dilshad Garden, Delhi-110095	Complainant
	Versus
1.           2.	State Transport Department Through its Transport Department, Govt. of NCT of Delhi, Loni Authority, Golchakkar,        Delhi-110094   Post Office Through its Postmaster Post Office Jhilmil, H.O., Delhi-110095	Opposite Parties

 

DATE OF INSTITUTION:        JUDGMENT RESERVED ON:                           DATE OF ORDER:

22.11.18 17.08.22 26.09.22

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

ORDER

      Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

 

Case of the Complainant

1. The case of the Complainant as revealed from the record is that on 30.03.18 he purchased a vehicle vide bearing no. DL-5SP-7004 and chassis no. ma3nyfb 1 sjc364977 from M/s Fair Deal Car Pvt. Ltd. for a sum of Rs. 7,28,002/-. It is alleged by the Complainant that at the time of purchase the officials of Opposite Party No.1 assured the Complainant that the Registration Certificate of the vehicle in question would be delivered to him within 20 days. It is submitted by the Complainant that after 20 days when he did not get the Registration Certificate then the officials of Opposite Party No.1 informed him that they had delivered the Registration Certificate of the said vehicle through post. The Complainant stated that he visited the office of Opposite Party No.2 and asked about the Registration Certificate of the said vehicle but the officials of Opposite Party No.2 did not give any satisfactory reply to him. It is alleged by the Complainant that he again visited the office of Opposite Party No.1 and asked them to provide him the status of the delivery of the Registration Certificate of the vehicle in question. The officials of Opposite Party No.1 provided him the status report in which it was mentioned “dispatch RC generated [Appl No./ Barcode : DL18033012702508/ED 771356386IN] dated. 11.04.18”. it is submitted by the Complainant that after receiving the status report he again visited the Opposite Party No.2 but the officials of Opposite Party No.2 gave him the status in writting that speed post letter no. ED771356386IN had not been received from jhilmil head post office for booking from 11.04.18 till that day i.e. 07.09.18 and the same was sealed and signed by ASPM, Mail & Delivery Br. Jhilmil H.O. Delhi-110095 dated 07.09.18. after this the Complainant again visited the Opposite Party No.1 and the officials of Opposite Party No.1 stated that the Registration Certificate is not delivered back to the office of Opposite Party No.1 and then he visited Opposite Party No.2 where the officials of Opposite Party gave him reply that “redispatched vide S.No.598 + ED No. 771356386IN dated 11.04.18” and received by postman namely Sh. Ram Singh on dated  25.04.18. Hence, this shows deficiency on the part of Opposite Parties. Complainant has prayed to handover the Registration certificate of the said vehicle to him. He has also prayed for Rs. 2,00,000/- on account of harassment and mental agony.
2. The Opposite Party No.1 did not file the written statement and its defence was struck off vide order dated 25.02.19.

 

 

Case of the Opposite Party No. 2

3. The Opposite Party No.2 contested the case and filed written statement.  It is stated by the Opposite Party No.2 that the service of the  Opposite Party No.2 has been completed in the proper way and delivery of the postal article was timely made to the Complainant. It is also submitted by Opposite Party No.2 that speed post article no. ED771356386IN dated 11.04.18 was delivered on 18.04.18, as per departmental resources concerned, the delivery report and statement of conformation are shown as sign and address of the Complainant. It is submitted that the conformation statement was also made by messenger namely Sonu  Sharma, beat no.2. it is submitted by Opposite Party No.2 that vide section 6 of Indian Post Office Act, it is exempted from liability for loss, misdelivery, delay or damage. It has prayed for the dismissal of the complaint.

Rejoinder to the written statement of Opposite Party No.2

4. The Complainant filed rejoinder to the written statements of Opposite Parties No.2 wherein the Complainant has denied the objection raised by the Opposite Party No.2 and has reiterated the assertion made in the complaint.

Evidence of the Complainant

5. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Evidence of the Opposite Parties

6.  In order to prove its case Opposite Party No. 1 filed affidavit of Shri             R. Ramnathan, Motor Licensing Officer, North-East Zone, Loni Road, Delhi. Opposite Party No. 2 filed affidavit of Ms. Annu Paul, Senior Superintendent of Post offices, Delhi East Division, Delhi-110051 wherein she has supported the case of the Opposite Party No.2 as mentioned in the written statement. Today, the case is listed for order but Opposite Party No.2 has filed affidavit of Shri Sonu Sharma. He has stated in his affidavit that on 18.04.18 he has delivered the parcel speed post article No. ED771356386IN to Shri Rakesh Gupta R/o C-110/1, Opp. Deer Park, Dilshad Garden, Delhi-110095.                                                                          

Arguments & Conclusion

7. We have heard the Complainant and Ld. Counsels for the Opposite Parties. We have also perused the file and the written arguments filed by the parties.
8. The case of the Complainant is that he had purchased a vehicle on 30.03.18 from M/s Fair Deal Car Pvt. Ltd for a sum of Rs. 7,28,002/- . He was told that Registration Certificate would be delivered to him within 20 days, but the same was not supplied to him. The case of the Opposite Party No.1 is that it has issued Registration Certificate of the vehicle of the Complainant which bears the registration no. DL-5SP-7004. It is the case of Opposite Party No.1 that after issuance of this Registration Certificate through registered post, it was not received back by it.
9. The case of Opposite Party No.2 i.e. Post Office is that on 18.04.18 the said speed Post Article no. ED771356386IN was delivered to Complainant by the postman namely Sonu Sharma. In its written statement the Opposite Party No.2 has mentioned that the said Postal Article was delivered by postman Sonu Sharma to the Complainant.
10. It is the case of Complainant that the Postal Article was handed over to postman on 25.04.18 then it was not possible for delivery of the said article to him by postman Sonu Sharma on 18.04.18. The Complainant has filed report of ASPM Mail & Delivery Br. Jhilmil H.O, Delhi-110095. However, the perusal of the said report shows that the Postal Article in question was handed over to postman Ram Singh on 12.04.18. Therefore, this contention of the Complainant is without any merit.
11. As per the case of Opposite Party No.2 the Postal Article in question was delivered to the Complainant on 18.04.18 by postman Sonu Sharma whose affidavit filed in this regard. The postal department has filed photocopy of the delivery report which has been signed by the Complainant. The Complainant could not point out any motive on the part of postman Sonu Sharma or postal department for reporting falsely that the said postal article was delivered to the Complainant on 18.04.22. Therefore, the stand taken by the postal department has merit.
12. In view of the above discussion, we do not find any merit in the complaint and the same is dismissed accordingly.
13. Order announced on 26.09.2022.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President