O R D E R
(By Smt. H.V.Ramana, Member on behalf of the Bench)
This complaint under Section 12 of the Consumer Protection Act, 1986 was filed by the complainant against the opposite parties to direct the opposite parties to pay EMO amount of Rs.1000/- (Rupees One thousand Only) and compensation and costs of the complaint.
2. The brief facts of the complaint are as follows:- The complainant submitted that he sent money order for Rs.1000/- to his sister Pentapati Sarojini, Alampuram (B.O.) Tadepalligudem (H.O), West Godavari District on 19.3.2014 from Collectorate, post office Kakinada and its EMO receipt bearing PNR No.010475140319004150 dated 19.03.2014. The said money order was not received by his sister till 29.4.2014. The 1st opposite party sent the EMO to the addressee and the same was received by the 3rd opposite party. The 3rd opposite party has taken the printout of EMO on 21.03.14, later the same was returned to Tadepalligudem. The complainant has written a letter on 27.3.14 to the 1st opposite party stating that the emo was not received by his sister i.e., the addressee till 26.6.14 and requested to look into the matter. Again he made another complaint on 7.4.14 to the 1st opposite party and also sent copies of the above said letter to The Post Master General, Hyderabad. The Post Master General, Visakhapatnam and Assistant Superintendent of Post Office, Kakinada. The 1st opposite party informed the complainant that he has already made a complaint on this case bearing number CCC 111898-00394 dated 5.4.14 to the reddressal office, Kakinada i.e., 2nd opposite party. When the complainant approached 2nd opposite party they informed that the EMO was received by the 3rd opposite party on 21.3.14 but, the said EMO are not traced. The complainant received a copy of the letter from Assistant Director office of the post master general, Visakhapatnamin which they mentioned to the 2nd opposite party to take necessary action with regard to the grievance of the complainant. But, the 2nd opposite party has not a taken any action. Hence, the complaint.
3. The opposite parties failed to appear before this forum and set exparte.
4. In order to prove the case of the complainant, his affidavit has been filed and Exs. A1 to A5 have been got marked.
5. Heard the complainant.
6. The points for determination are:-
1) Whether there was any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled for any relief?
7 Point No.1: The complainant has sent money order for Rs.1000/- to his sister vide Ex.A1and the same was not received by her. Therefore he wrote a letter vide Ex. A2 to the 1st opposite party on 27.3.14 stating that the addressee has not received the money order. Even then the complainant’s sister did not receive above said amount, again he wrote another letter vide Ex.A3 and also sent the copy the letter to The Post Master General, Hyderabad, The Post Master General, Visakapatnam and The Assistant Superintendent of Post Office, Kakinada. The Assistant Director office of the post master general wrote a letter to the 2nd opposite party to take necessary action vide Ex.A4. The complainant submitted in his affidavit that the payee received the EMO amount vide Ex.A5 on 5-5-2014.
The complainant contended that he sent the EMO to his sister for medical treatment but due to non-payment of the above said amount the purpose of EMO was not fulfilled. The payee is an old lady had sun stroke and physical stress while going to the post office everyday in hot summer to enquire about the EMO amount with an anxiety of her medical treatment. The opposite parties settled the issue vide Ex. A5 and paid the amount after 40 days. This amounts to deficiency in service on the part of opposite parties.
On perusing the record it is evident that the complainant sent EMO vide Ex.A1 and the same was delayed until the settlement of the amount to the payee vide. Ex.A5. In the meanwhile the complainant approached the opposite parties for several times and also gave written complaints to them. But the opposite parties took more than 40 days to pay the amount to the payee and the complainant had lot of mental agony by making complaints and also by enquiring the matter with the opposite parties. This amounts to deficiency in service on the part of the opposite parties. The opposite parties failed to do their part of duty while doing the service for consideration. They paid the EMO amount to the payee, with a delay of more than 40 days.
With the above discussion, we opine that the opposite parties are liable to pay damages for mental agony and costs to the complainant.
8. Point No.2: In the result, the complaint is allowed, directing the opposite parties to pay Rs.1000/-(One thousand only) towards damages for mental agony and Rs.500/-(Five hundred only) towards costs. The opposite parties are directed to pay this amount within one month from the date of receipt of this order.
Dictated to the stenographer, typed to my dictation, corrected and pronounced by us, in open Forum, this the 17th day of November, 2014
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MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant : None For opposite parties : None
DOCUMENTS MARKED
For complainant:-
Ex.A1 Dt.19.3.04 Original receipt of the EMO given by the 1st opposite party.
Ex.A2 Dt.27.3.14 Original Letter addressed to the 1st opposite party by the complainant.
Ex.A3 Dt.7.4.14 Copy of the complaint given by the complainant to the 1stopposite party
Ex.A4 Dt.10.4.14 Original letter received from the post master general, Visakhapatnam.
Ex.A5 Dt.13.5.14 Original letter got issued by the Superintendent of Post office, Kakinada.
For opposite party:- Nil
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MEMBER MEMBER PRESIDENT
