Orissa

Jharsuguda

CC/95/2017

Suman Shrama/ W/O- Ram Krishna Shrama - Complainant(s)

Versus

Superintendent of railway Mail Service. - Opp.Party(s)

R.K. Shrama

09 Apr 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 95 OF 2017

 

Suman Sharma (37 Yrs.),

W/O- Ram Kishan Sharma,

AT- Marwaripada,

PO/PS/Dist- Jharsuguda, Odisha. ………………….……….…………Complainant.

 

                                                 

Versus

 

1. Superintendent of Railway Mail Service,

At- Jharsuguda Railway Station Compound,

PO/PS/Dist- Jharsuguda, Odisha.

 

2. Superintendent of Railway Mail Service,

At- Bilaspur Railway Station Compound,

PO/PS/Dist- Bilaspur (C.G)

 

3. Superintendent of Post Offices,

Bilaspur Division, Bilaspur (C.G)

PIN-495001……..……………….…....…….…..…….……..Opp. Parties

 

Counsel for the Parties:-

For the Complainant                                Shri R.K. Sharma, Adv. & Associates.

For the Opp. Party No.1                         Self (Authorized Representative)        

For the Opp. Party No.2                         Self (Authorized Representative)  

For the Opp. Party No.3                         Self (Authorized Representative)              

 

Date of Order: 09.04.2018

 

Present

1. Shri Sundar Lal Behera, President

 2. Shri Santosh Kumar Ojha, Member

  3. Smt. Anamika Nanda, Member (W)

 

Shri S. K. Ojha, Member: - In brief the facts of the complainant’s case is that, the complainant sent one envelope containing Rakhi on dtd. 24.07.2017 to her maternal house situated at Champa by registered post through O.P No.1. The complainant asked an approached the O.P.No.1 on dtd. 01.08.2017 to find out the delivery position but it was not delivered.  The complainant waited upto the day of Rakshabandhan till dtd. 07.08.2017 but no result.  Being depressed and expressing her respect and love towards her brother the complainant  along with her husband bound to book a private Car and went to her brother at Champa (Chhatisgarh) to celebrate the holy festival Rakhi by paying Rs.4,000/- only towards hiring charges of Car.  The complainant further came to know that the said registered article was destroyed and not delivered.  The complainant found very rough and rude behavior by the O.Ps. whenever she contracted with the O.Ps. seeking the information about her said registered article.  Being harassed and tortured mentally the complainant filed this case for proper adjudication.   

            The O.Ps. appeared through their authorized representatives after being noticed, admitting the facts of article booked by the complainant and submitted that the five bags including the registered parcel in question was stolen by the miscreants at Champa Railway Station.  The matter was intimated to the O.P.No.3 and a case was registered by lodging a FIR at I/C Champa PS, SE Railway regarding theft of the article by the SPOs, Bilaspur Division. There is no negligence and deficiency in service on the part of O.Ps. The O.Ps. filed several documents including citations in support of their case and prayed for dismissal of the case.

After proper hearing in length and perusing the materials available on case record it is found that, the complainant had booked a registered letter containing Rakhi bearing No.RO867800438IN dtd.24.07.2017 at Jharsuguda RMS counter and addressed to Champa (Chhatisgarh) which was dispatched to CRC Bilaspur RMS mentioning serial 2/3 and consigned in the registered bag NO. RBO0006310841 dtd. 24.07.2017 and dispatch through Howrah-Mumbai Super-Fast Express. The said bag containing the article in question was received by Bilaspur RMS/3 on dtd. 25.07.2017 and dispatched the same to Champa SO through Train No.12833 Down Ahemdabad Express dtd.26.07.2017 which reached at Champa Railway Station at about 04.10 hrs. 25 Nos. of postal bags were received at Champa Railway Station.  While carrying all those bags to Mailbox point from platform, three numbers of bags remained for next trip to carry. When the mail peon returns to carry the remaining bags, he found one of the bags was missing which contained 79 articles and further found that out of those 67 registered articles were stolen by some miscreants which includes the said registered article of complainant.

 As per the averment presented by the O.Ps., after knowing about the above mentioned events the Sub-Post Master of Champa, Sub-Post Office immediately went to GRP Champa Railway Station to register the FIR but it could not be done due to non-cooperation of officials of the Police Station who sought for some information such as full particulars of the lost articles and their values etc. about which the said sub-Post Master was unknown. The correspondents made between the O.Ps are also mismatching to each other about the incidence, such as;

 

1. In the written version filed by O.P.No.1 in page no.2, paragraph-2 it is mentioned that , “As such a case has been registered at I/C Champa PS SE Railway regarding theft of the article by SPOs Bilaspur division(Ann-VII)” but the reply of the Superintendent RMS ‘RP’ Dn. Raipur filed before this Forum and stated that, the FIR could not be done about the theft incident by the officials of Railway Police Champa due to lack of information sought for.
2. Letter of the Superintendent Bilaspur Division, Bilaspur sent to the Superintendent RMS, K-Division, Jharsuguda marked as Annexure-VII clearly mentioned that the stolen bag contained 05 Nos. of other bags inside including registered bag i.e  01 Nos. of Registered Bag, 01 Nos. of Parcel Bag, 02 Nos. of Express Parcel Bag and  01 Nos. of Letter Bag(i.e 05 Nos. of bags in total) so also it has been mentioned in the hand written complaint of the Sub-Post Master Champa RS issued to the OIC GRP Champa but the letter of the Superintendent of Post Bilaspur Division dtd. 31.01.2018 issued to the Superintendent Railway Police GRP Raipur where it has been mentioned that the said stolen registered bag contained 04 Nos. of bags inside.

 

The O.Ps. categorically expressed their inability to lodge FIR before the concerned GRP due to not providing accurate information about the theft incidence which reveals from the letter of OIC GRP Champa issued in favour of the Superintendent of Post, Bilaspur Division, Bilaspur seeking for the relevant information for lodging of FIR and taking necessary action. The O.Ps. failed to comply for the same.

In contrary the O.Ps. indicated towards U/S-6 of the India Post Office Act,1898 which reads as, “Exemption from liability for loss, misdelivery, delay or damage - The [Government] shall not incur any liability by reason of the loss, misdelivery or delay of, or damage 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 of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently of by his wilful act or default.”

The O.Ps. also filed some citations of judgment passed by Hon’ble National CDR Commission, New Delhi between Head Post Master, Post Office, Railway Road, Kurukshetra & Ors. Vrs. Vijay Rattan Aggarwal, Union of India & Ors. Vrs. Brahmdev Upadhyay, Varun Garg Vrs. Asst. Post Master Post Office & Ors. and also a case between the Post Master, Imphal & Ors. Vrs. Dr. Jamini Devi Sagolband bearing Revision Petition No. 986 of 1996. All the above mentioned cases are having different cause of actions which are irrelevant to the present case.

On minutely observations it is found that, the O.Ps. were trying to shift their burden of responsibilities to another so also performing their activities in very negligent manner such as ;

1. After carrying the 25 Nos. of registered bags from Train NO.12833 Down Ahmedabad Express on dtd.26.07.2017 at Champa Railway Station the O.Ps left the 03 Nos. of bags carelessly which remains for next trip for mail box point.
2. After issuing written complaint before the OIC GRP Champa Railway Station the O.Ps. failed to provide and such relevant information required for necessary action for investigation.

In all the courses the O.P.No.1 who after registering of the article of complainant has rightly sent to the addressee performing all the necessary formalities. As per the submission of Superintendent RMS ‘RP’ Dn. Raipur the Sub-Post Office Champa RS Post Office comes within the jurisdiction of the Superintendent of Post Offices, Bilaspur Division, Bilaspur ( O.P.No.3).

So far as U/s-6 of the Indian Post Office Act,1898 is concerned, it clearly stated that the Government shall not incur any liability by reason of the loss, misdelivery or delay of, or damage 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, but in this case the registered article in question was neither lost nor misdelivered rather it has been stolen by some unknown culprits due to the carelessness and negligent attitudes performed by the O.Ps. on duty.  The said U/s-6 also further stated that no officer of the Post Office shall incur any liability by reason of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently of by his wilful act or default, which exactly happens in the present case as the O.Ps. failed to provide the required information which are relevant for necessary investigation of the theft incidence by the concerned OIC GRP Champa Railway Station.  In both the aspects the O.Ps. found guilty in committing of deficiency in service on their parts.

Hence on the above limelight this Hon’ble Forum allow the complaint petition with directions to the O.P.No.3 to pay a sum of Rs.4,000/-( Rupees four thousand) only towards expenses incurred of taxi carrying charges and pay Rs.5,000/-( Rupees five thousand) only towards harassment, mental agony including litigation costs to the complainant within 30(thirty) days from the date of receipt of this order, failing which the O.P.No.3 shall be liable to pay interest @ 12% per annum on the aforementioned awarded amounts till realization.   

            Accordingly the case is disposed of.

Order pronounced in the open court today the 9^th day of April’ 2018 and copy of this order shall be supplied to the parties as per rule. 

                            

            I Agree.                                   I Agree

 

 

   A. Nanda, Member(W)            S. L. Behera, President                S.K.Ojha, Member 

                                          

                                          Dictated and corrected by me

 

 

          S.K.Ojha, Member  .