Maharashtra

StateCommission

A/09/737

SHRI BHAGWAN GOVINSINGH THAKUR - Complainant(s)

Versus

THANE HEAD POST OFFICE - Opp.Party(s)

In Person

27 Jul 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
First Appeal No. A/09/737
(Arisen out of Order Dated 07/03/2009 in Case No. 284/08 of District Thane)
1. SHRI BHAGWAN GOVINSINGH THAKURRAMNAGAR NR SHANKAR MANDIR BHUWAD CHAWL PO KALWA DIGHA NAVI MUMBAI 400605 THANEMaharastra ...........Appellant(s)

Versus
1. THANE HEAD POST OFFICEH O THANE 400601Maharastra ...........Respondent(s)

BEFORE :
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBERHon'ble Mr. Dhanraj Khamatkar Member
PRESENT :Appellant in person N.J.Gonsalves, Advocate for the Respondent 1

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ORDER

 

Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member                                This appeal is preferred against dismissal of consumer complaint by order dated 07/3/2009 passed in consumer complaint no.284/2008 Bhagwansing Govindsing Thakur V/s. Indian Post Thane H.O.

It is the grievance of the appellant/complainant that a registered letter sent by registered post on 02/4/2008 was received by him after 22 days delay on 24/4/2008 and, therefore, he could not contact his office in time and, thus, sustained financial loss and also he had to suffer mental agony.  He claimed Rs.30,000/- as compensation towards mental agony, Rs.1000/- as cost of consumer complaint and Rs.500/- towards interest,etc.  Total amount of Rs.31,500/- is claimed.

Forum below observed that the address mentioned on the registered letter was incomplete and finding that there is no deficiency in service on the part of postal department, dismissed the consumer complaint.  Feeling aggrieved thereby this appeal is preferred.

Heard appellant in person and Mr.N.J.Gonsalves-Advocate for the respondent.

We have carefully gone through the consumer complaint.  Forum below while giving reason considered how the address mentioned on the registered letter was incomplete leaving ambiguity to the effect that address as it mentioned falls within the territorial jurisdiction of two post offices, one at Kalwa, Thane and other at Digha, Navi Mumbai.  Letter was received after 22 days after it was posted.  In view of such discrepancy, it cannot be stated that there is a delay in delivery of letter giving actionable cause of action to file consumer complaint to the appellant/ complainant. 

Besides that, we also made enquiry from the complainant as to what material he has placed to claim compensation of Rs.30,000/- and other claim of Rs.1000/- towards compensation for mental agony and Rs.500/- as cost.  He could not show any material on the basis of which such compensation be assessed.  In the result, we find no fault with the impugned order.  Appeal is devoid of any substance. Hence, we hold accordingly and pass the following order:-

                                                ORDER

Appeal is not admitted and stands rejected accordingly.

Copies of the order be furnished to the parties.

 

PRONOUNCED :
Dated : 27 July 2010

[Hon'ble Mr. S.R. Khanzode]PRESIDING MEMBER[Hon'ble Mr. Dhanraj Khamatkar]Member