DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 2nd day of June, 2018
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
C.D Case No. 30 of 2016
Basudev Kuanr
S/o Late Parameswar kuanr
Vill/Po: Kubera
Ps: Tihidi
Dist: Bhadrak
……………………. Complainant
(Versus)
1. Sub-post Master
Tihidi Branch
At/Po/Ps: Tihidi
Dist: Bhadrak
2. Superintendent of Post Offices
Bhadrak Head Post Office
At/Po/Ps/Dist: Bhadrak
3. Post Master General
Bhubaneswar
Dist; Khordha, Odisha
…………………………..Opp. Parties
Advocate For the Complainant: In Person
Advocate For the O.Ps: Sri Basanta Kumar Mohanty (G.P)
Date of hearing: 30.08.2017
Date of order: 02.06.2018
SRI RAGHUNATH KAR, PRESIDENT
The complainant has filed the complaint alleging against the O.Ps for deficiency of service, that the complainant had sent a letter to the B.D.O, Tihidi by Regd. post with AD through the OP No. 1 at about 11:28 AM, on payment of Rs 25/- towards registration fees of the aforesaid letter with AD. The said registered post with AD contained with a letter to B.D.O, Tihidi, and Dist- Bhadrak. After 15 days of registration of the said letter complainant approached the B.D.O Tihidi and asked him about receiving of the Regd. Letter bearing Regd. No- ARO711411496IM on dt. 14.01.2016 sent the complainant by Regd. post with AD, but the B.D.O, Tihidi, replied that he had not received said the letter. Again he asked about the AD which was enclosed with the letter. On 25.01.2016 the complainant had visited to branch post office, Tihidi to know about the Regd. post, the post master replied that it was a matter of the office of the superintendent of post offices. After that the complainant visited the office of the superintendent the post offices on 02.02.2016, but he replied that after completion of one month the complainant may enquire about the matter.
The superintendent asked for the AD to the complainant and replied that grievance letter can be entertained with the AD form. In this manner the complainant had to visit the office of the superintendent again and again but did not obtain any relief. The complainant has alleged that he has already spent Rs 2,000/- and suffered physically, mentally, economically. The complainant was not able to obtain any relief till 20.02.2016. Hence he has taken shelter under this Forum for the following reliefs.
The complainant has sought for the reliefs that as follows:-
1. The complainant may be awarded Rs 99,000/- jointly to be paid by the O.Ps.
2. The complainant may be awarded for mental agony and loss of respect.
The complainant has filed following documents (Xerox copy):-
1. Registration receipt on dt. 14.01.2016 vide No- A-RO/711411496IN.
On the other hand all the O.Ps have filed their written versions analogously-
That the O.Ps have challenged the maintainability, the cause of action as well as denied all the allegations of the complainant made against them. Shri Basudev Kuanr, S/o Late Parameswar Kuanr, Vill/Po- Kubera, Ps- Tihidi, Dist- Bhadrak (herein after called the complainant) booked one Regd. letter with AD bearing No- RO711411496IN on 14.01.2016 at Tihidi Sub post office on 14.01.2016. The article was addressed to the Block Development Officer, Tihidi Block, Tihidi, Bhadrak. The article was delivered to the addressee on 16.01.2016 by Tihidi Sub post Office. The complainant without approaching either OP No. 1 or OP No. 2 regarding non-delivery of the AD of the above Regd. Ad letter booked by him, lodged a complaint before the Hon’ble Forum bearing CD Case No- 30/2016. The notice in connection with the said case has been received by OP No. 2 on 22.02.2016 with direction to file written version on 03.03.2016. On receipt of the notice along with the complaint, the OP No. 2 immediately inquired into the matter and send a reply to the complainant vide letter No. CD Case No- 30/2016 dt. 25.02.2016, treating the plaint as a complainant.
In the instant case, the complainant had neither approached the booking post i.e. office of the OP No. 1, nor the customer care center at Bhadrak which is functioning in the office of the OP No. 2, nor had lodged the complaint himself in the official website of the Department. Had the complainant approached any of the above modes to lodge his complaint with the Department, reply would have been sent to him providing delivery information of the Regd. AD letter in question as done vide Annexure- 1. However, the OP No. 2 on receipt of the plaint on 22.02.2016, treated it as the complaint and immediately inquired into the matter and sent delivery information of the Regd. AD letter to the complainant on 25.01.2016 vide Annexure- 1. As such, the O.Ps have sincerely attended to the complaint of the complainant immediately on its receipt. It is humbly submitted that under Rule- 6 of Indian Post Office Act, 1898 confirms that “the Government shall not incur any liability by reason of loss, misdelivery or delay in delivery of, or damaged 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 af any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his willful act or default ”. An extract of Rule- 6 of Indian Post Office Act, 1898 in annexed as Annexure- 2. As such loss of the AD of the complainant that has been alleged by the complainant in his plaint is not the liability of the Department, particularly when it is an unaccountable article and its course of transmission is not recorded at any post office/Mail office.
The complainant has never come to OP No. 1 nor OP No. 2 to lodge the complaint regarding non-receipt of AD. It is worthwhile to mention here that OP No. 1 is competent enough to receive the complaint from the complainant and can register the complaint on the Departmental website for its disposal. Similarly, each complaint received at the office of the OP No. 2 is registered in the Departmental website for its disposal. The office of the OP No. 1 & OP No. 2 are receiving complaints even if one month is not completed from the date of booking of an article and registering the same in Departmental websites for their disposal. The complainant could send his complaint by post either to the office of OP No. 1 or OP No. 2. Also he had the opportunity to register the complaint in the official website of the Department. He could also take a print of the tracking result of the article from the official website of the Department and use it as a proof of delivery of the article. A copy of the tracking result of the article printed from the official website of the Department in annexed as Annexure- 3 for kind appraisal of the Hon’ble Forum. But the complainant had not utilized any of the above modes either to lodge his complaint or to get the proof of delivery of the Registered-AD letter in question. The complainant has alleged that due to deficiency in service, the O.Ps have caused physical, mental and economical suffering to him. It may be noted by the learned Forum that when the OP No. 2 received the plaint on 22.02.2016, he immediately inquired into the matter and replied to the complainant on 25.02.2016 providing him delivery information of the Registered-AD letter and proof of delivery of the said letter vide Annexure- 1. From this action, the learned Forum may note that the O.Ps have efficiently and sincerely attended the complaint to the O.Ps to attend to his complaint prior to 22.02.2016 i.e. the date of receipt of plaint by the OP No. 2, as before that he never lodged any complaint regarding non-receipt of AD for the said Registered-Ad letter.
Hence the O.Ps have prayed for dismissal of this complaint devoid of any merit as well as they O.Ps have caused no deficiency of service towards the complainant.
The O.Ps have filed the documents in support of their stands as follows (Xerox copies):-
1. Letter to the complainant from Department of Post, India OP No. 2- Annexure- R/1- 1 sheet.
2. Bio Data of the registered post sent on 16.01.2016- 1 sheet.
3. Letter to the OP No. 2 issued by OP No. 1 on 23.02.2016- 1 sheet.
4. The Detailed Track Events for: RO711411496IN- Annexure- R/3- 1 sheet.
5. Extract of Rule- 6 of Indian Post Office Act- Annexure- R/2- 1 sheet.
OBSERVATION
We have already perused the complaint as well as the documents filed by the complainant, so also the written version and the documents filed by the O.Ps. We have found that the complainant has filed a single document which is the computer receipt vide No- ARO711411496IN. The grievance of the complainant is that he had sent a register letter to B.D.O, Tihidi on 14.01.2016 at about 11:28 AM. The said letter was not received by the addressee. He waited for 15 days, then he came to know from the addressee that the letter was not received. Then he approached to OP No. 1 about the non receipt of the said letter but he replied the complainant to enquire the matter in the office of the OP No. 2. The OP No. 2 replied him that he would receive the AD within one month. The complainant has also alleged that till the date of initiation of this complaint the complainant did not obtained any AD. But the above circumstance he has spent Rs 2,000/-, he has suffered physically and mentally for which as claimed Rs 99,000/- towards expenses of mental agony and physical suffering from the O.Ps. The O.Ps have defended that the complainant should have submitted written representation claiming his relief the complainant. Has never informed to the O.Ps for receipt of his AD, directly he has institution of the complaint before this Forum. The O.Ps have also defended that AD of a Register-AD article is an unaccountable article, course of transmission of which is not recorded by any office. Also proof of delivery of the AD is not maintained due to the same reason. As such, post office does not maintain any record regarding delivery of an AD of a Registered-AD letter to the sender of the said Register-AD letter. However, there is provision of issue of certificate of delivery or to provide delivery information of any Register-AD letter to the sender on receipt of written request from him either at the booking post office or at Customer Care Center. Also a sender can lodge a complaint on the official website of the Department i.e. on www.indiapost.govt.in in case of non-receipt of AD of a Register-AD letter. Thus, a complainant is given an advantage to lodge a complaint at anywhere in India on the Department website and they need not attend the booking post office or Customer Care Center to lodge a complaint.
According to the Rules- 6 of Indian Postal Office Act 1898 is annexed as Annexure- R/2. As such loss of the AD of the complainant that has been alleged by the complainant in his plaint is not the liability of the Department, particular when it is an unaccountable article and its course of transmission is not recorded at any Post Office/Mail Office. The O.Ps have submitted the Xerox copy of letter issued by the OP No. 1 & OP No. 2 on dt. 23.02.2016 where it is clearly manifested that, “This is certificate that RLAD NO-RO711411496IN dt. 14.01.2016 was delivered to the addressee. The Block Development Officer, Tihidi Block by postman- Narasingha Behera Beat No- 1 of Tihidi SO on 16.01.2016.” The O.Ps has also filed another document which is information mails it is quite evident that on 16.01.2016 it about 15:08:55, Tihidi post office article which was booked from post office Tihidi on 14.01.2016 has already been delivered. The O.Ps have proved their case on submitting the documents that the articles have already been served. The said document has been submitted as Annexure- R/3.
The complainant has come to this Forum without clean handed. He has failed to prove his case on the submitting the relevant documents on behalf of him. When the article has already been delivered, we feel that there should be no furtherance of continuity of the proceeding. Hence it is ordered;
ORDER
The complaint be and the same is dismissed on contest devoid of any merit.
This order is pronounced in the open Forum on this day of 2nd June, 2018 under my hand and seal of the Forum.
