West Bengal

Kolkata-I(North)

CC/198/2020

Mr. Kanchan Das, Proprietor of Unani Pharmacy - Complainant(s)

Versus

The Director, General Post Office and 2 others - Opp.Party(s)

Sadhan Kumar Pathak, Samir Kr. Sengupta

28 Sep 2022

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/198/2020
( Date of Filing : 15 Dec 2020 )
 
1. Mr. Kanchan Das, Proprietor of Unani Pharmacy
4, H. N. Mukherjee Road, 2 no. Railway Gate, Dum Dum East, P.o. and P.S. - Dum Dum, Kolkata - 700028.
...........Complainant(s)
Versus
1. The Director, General Post Office and 2 others
B. B. D. Bagh, P.S. - Hare Street, Kolkata - 700001.
2. The Sr. Superintendent of Post Office (North)
P.O. and P.S. - Tala, Calcutta - 700002.
3. The Post Master, Dum Dum Post Office
P.O. and P.S. - Dum Dum, Calcutta - 700028.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:
 
Dated : 28 Sep 2022
Final Order / Judgement

The case of the complainant in a nutshell is that the complainant being proprietor of Unani Pharmacy sent different articles via V.P. Post System under insurance cover to different consumers through Post Office.  Those articles were dispatched by the Post Office Authority to collect the money from the concerned addressees.  But the Post Master of Dum Dum Post Office has not remitted the collected amount to the complainant. Thereafter, the complainant vide letter dated 19/08/2019 requested the opposite party nos. 3 to clear the amount of Rs.15,881/- (Rupees Fifteen thousand Eight hundred and Eighty One) only but only Rs.2,400/- (Rupees Two thusand Four hundred) only was remitted in his favour.  In spite of repeated requests the opposite parties failed and neglected to remit due amount of Rs.13,481/- (Rupees Thirteen thousand Four hundred and Eighty only) only in favour of the complainant which is totally unfair practice.  Hence, this case,

The complainant prays for awarding a sum of Rs.13,481/- only, along with Rs.20,000/- only as compensation, mental agony and legal expenses and Rs.10,000/- for mental harassment along with interest @ 18% per annum.

Opposite party nos.2 and 3 appeared and by filing written version denied the case of the complainant.  It has been categorically mentioned that the complainant deliberately and intentionally avoided to give detail particulars of the V.P. Post allegedly send by him through Post Office or details of any money received by the post office from any addresses of the alleged V.P. Post.

It has been categorically stated by opposite party nos.2 and 3 that the payment regarding Rs.2,400/- is totally with respect of different matter relating to different particulars of posted articles and not related to the claim of the claimant and articles allegedly dispatched by the complainant. Moreover, there is no cause of action to file the instant case against the opposite parties.

On perusal of the record, we do not find any iota of evidence to hold that the complainant has sent any articles to any addressee via V.P. Post under insured cover through Post Office. Furthermore, we find that not a single document has been filed by the complainant in proof that he ever sent any article to his different customers through Post Office and or the Post Office has collected the price of the alleged articles from the addressees. No names and/or addresses of any addressees and/or detail of articles and/or any receipt of Post Office showing booking of V.P. Post have been submitted by the complainant to prove his claim.  We do not find that the complainant has any cause of action to file the case against the opposite parties.

In our view the complainant has miserably failed to prove his case as such the same is liable to be dismissed.

Hence, it is

                                                  ORDERED

that the complainant case be and the same is dismissed on contest without cost.

Let a copy of this judgement be supplied to the complainant free of cost.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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