DATE OF DISPOSAL: 24.01.2020.
Sri Karuna Kar Nayak, President.
The complainant Sudhansu Sekhar Gantayat has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties ( in short the O.Ps) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that he sent some gift articles to the amount of Rs.15,000/- to his daughter, son-in-law and grand daughter staying at Bremen (Germany) by speed post bearing postal receipt No. EO 999500429 IN/6979999500429 FGN SP MERCH Bramhapur (Gm) H.O. in the address Gouri Sankar Patro, Einstein Strasse-25, 28309, Bremen (Germany). The complainant had paid Rs.3894/- towards postal commission charges together with tax of Rs.594/- in all total Rs.4488/- for the dispatch of the said gift articles to the postal department. Even after a lapse of more than a month when the gift articles did not reach its destination the complainant lodged one online complaint vide complaint No.10008849690 dated 02.10.2018 in this regard and the online answer was given to the complainant that the gift articles were sent through connecting flight schedule AI0021/AI0121 after it is bagged for Germany on 04.09.2018 vide bag No.INTCUB/DEFRRA-A—0148-0201-100066 Wt,6.6kg from Delhi to Bremen. But those gift articles have remained undelivered to the above addressee as yet. On 02.11.2018 the complainant lodged a written complaint in this regard by speed post before the Chief Postmaster General, Odisha Circle, Bhubaneswar. A copy of that complaint was also submitted in person before the Postmaster General Bramhapur Region, the O.P.No.2 on 05.11.2018 on proper receipt. Both of the above Authorities on the basis of the complaint directed the Senior Superintendent of Post Offices, Bramhapur Region, the O.P.No.3 to enquire and examine into the matter and to take necessary action to resolve the grievance of the complainant and to send a suitable reply to the complainant under intimation to their respective officers. Till this day no written communication has been made by the O.P.No.3 with the complainant. However a fortnight period back the complainant personally met with the Assistant Superintendent of Post offices in the office of the O.P.No.3 and asked him about his grievance, who simply made a verbal reply that the gift articles in question reached Delhi on 04.09.2018, but it can not be said as to what happened to those articles, thereafter. He also refused to make a suitable and satisfactory reply in writing to the complainant on the basis of his grievance. The complainant has sustained the monetary loss to the amount of Rs.15,000/-, being the cost of the gift articles and of Rs.4488/- for bearing the postal charges towards the speed post for the gift articles. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to refund Rs.15,000/- towards gift articles, Rs.50,000/- towards compensation for mental torture and agony, Rs.4488/- towards the refund of the postal charges, Rs.5000/- towards litigation cost in the best interest of justice.
3. Upon notice the O.Ps filed version through his advocate. It is stated that the averments made in the complaint petition are all not true and correct and complainant is liable to prove the same which are not specifically admitted herein. It is true that the complainant had booked one article vide Foreign Speed Post Receipt No.E099950042IN dated 31.08.2018 at Bramhapur Head Post office. The complainant had paid Rs.3,894.00 including tax amount of Rs.594.00 towards postal charges of the said article. The article was not insured at the time of booking. The O.Ps are not aware of the contents inside the speed post article. On the same day i.e. on 31.08.2018, Bramhapur Head Post office dispatched the said speed post article to Kolkata for onward transmission. On receipt of online complaint vide No.100088-49690 dated 02.10.2018 the O.P. came to know about the non-delivery of the said speed post article at the destination. As per the complaint made by the complainant the Superintendent, Kolkata International SPC, had informed that the said sped post article was bagged for Germany vide Bag No.INCCUB BEFRAA-A-EN80148001-100066 (weight is 6.6kgs) on 04.09.2018. The said fact was communicated to the complainant. It is submitted that the Senior Superintendent of Post Offices, Air mail Sorting Division, New Delhi informed that the said bag was dispatched through A1 121/FRA by Indira Gandhi International Air port Transit Mail office on 05.09.2018. After receiving instruction from the Post Master General, Bramhapur Regional, Bramhapur however a fresh complaint has been registered by the O.P.No.3 vide C.C.C. complaint No.76000-06437 dated 06.02.2019. The Superintendent, Kolkata International SPC had informed that as per QCS and tracking the receptable containing the article was not received by the destination country and transferred the complaint to the Airmail Sorting Division, New Delhi to take up the case with the carrier Air Lines authority. The O.P.No.3 has sent reminder letters to the Senior Superintendent of Post Offices, Airmail Sorting Division, New Delhi on 06.02.2019, 07.02.2019, 21.02.2019, 04.03.2019 and 27.03.2019. The Superintendent, Airmail Sorting Division, New Delhi has not sent any reply. The complainant had booked the speed post article at the Bramhapur Head Post office and the Bramhapur Head Post Office had dispatched the same to Kolkata and the Superintendent, Kolkata International SPC had dispatched the same to the Senior Superintendent, Airmail Sorting Division, New Delhi. As such there is no negligence on the part of O.Ps at all and there is no deficiency of service by the O.Ps and the O.Ps are not liable to pay compensation. The O.Ps are not aware about the contents in the said speed post article nor about the prices of the contents in the article as stated in the complaint petition. When the complainant booked the speed post article of costly materials, he should have insured the speed post article for value of the articles which has been provided under the post office Act. The said complainant should have insured the speed post parcel with a note on the cover “valuable Insured” against the risk of loss or damage in course of transmission by post, which the complainant did not do. As per Section 6 of the Indian Post Office Act, the Government shall not incur any liability by reason of loss, misdelivery or delay or damage to any postal articles in course of transmission by post 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 or by his willful act or default. It is not in the nature of a price paid for service. No contact was entered into between the sender and the post office while booking the article. On loss of the speed post article, the compensation to be paid as per the norms fixed by the Department of posts, Government of India, New Delhi. The complainant is entitled only for that amount which was fixed by the Department of post, Govt. of India, New Delhi towards the loss of the article if any as prescribed by the Government of India. The Postal authorities had no malafide intention at all as service to people is their moral right. The complainant has not insured the speed post article at the time of booking of the article and as such the complainant is not entitled to the amount as claimed in the complaint petition. Hence the O.Ps prayed to dismiss the complaint petition in the interests of justice.
4. On the date of hearing advocate for both parties are present. We heard argument from both sides at length and perused the complaint petition, written version, written arguments and materials placed on the case record. In the instant case, after perusal of the record and scrutiny of materials on record, it reveals that the complainant had sent some gift articles by speed post parcel to the address of Gouri Sankar Patro, Einstein Strasse-25, 28309, Bremen (Germany) from Bramhapur on 31.08.2018 vide postal receipt No.EO 999500429 IN/6979999500429 FGN SP MERCH, Bramhapur (Gm), H.O: 760001. The complainant had also deposited Rs.4488/- including all charges and taxes for the despatch of the said gift articles. As the said parcel did not reach in its destination, the complainant had lodged his online complaint as well as written complaints before the higher authorities of postal Department. The complainant also personally met the O.P.No.2 and has submitted the copy of the grievance petition on 5.11.2018. Both O.P.No.1 and 2 directed O.P.No.3 for taking necessary action on the grievance petition of the complainant. But no written reply was supplied to the complainant for the grievance. It reveals from the complaint petition that being harassed by the O.Ps the complainant compelled to file this complaint before this Ld. Forum by an advocate. It is pertinent to mention here that the complainant received back his postal articles on 28.09.2019 which was sent by him on 31.08.2018. Further, it reveals that the O.Ps not only failed to deliver the said parcel to the addressee but also failed to trace out the parcel for which the O.Ps did not intimate the complainant regarding the status of the parcel inspite of best effort. For the aforesaid reasons undoubtedly the complainant has sustained mental agony.
5. On foregoing discussion, it is crystal clear that the O.Ps are negligent in rendering proper service to the complainant as such there is deficiency in service on the part of the O.Ps. For which the complainant is entitled to get some relief as prayed for.
The complainant’s case is allowed against the O.Ps on contest. The O.Ps are jointly and severally liable as such they are directed to pay Rs.4,488/- towards the refund of postal charges and Rs.5000/- towards compensation for mental agony alongwith Rs.2000/- towards costs of litigation to the complainant within one month from the date of receipt of this order, failing which all the dues shall carry 10% interest per annum. The case of the complainant is disposed of accordingly.
The order is pronounced on this day of 24th January 2020 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
