IN THE COURT OF DISTRICT CONSUMER REDRESSAL COMMISSION
WEST SINGHBHUM AT CHAIBASA
Present: - 1. Sri Vijai Kumar Sharma, President,
2. Sri Rajiv Kumar, Member.
3. Smt.Aparna Mishra, Member,
C. C. Case No.32/2019
Chaibasa, Dated: the 24th June of 2022
Shri Madan Lal Kumar, Son of Late Sohrai Ram resident of Ward No.7, P.O. + P.S. Chakradharpur, 833102 Mobile No.9431342312 District West Singhbhum, Jharkhand………………………………………………....Complainant
Vs.
- The Post Master General, Bihar at GPO, Patna, Bihar.
- The Post Master, Bihta P. O-Bihta (Patna) Bihar-801103………Opposite Party
Advocate for Complainant……………Sri G. Ravi Shankar, Advocate
Advocate for O.P……………………. None (Ex-parte)
(Complainant has deleted name and address of O.P No.1 from Cause title in compliance of order dated 02.06.2022)
Judgment (ex-parte)
This case has been filed by the Complainant Madan Lal Kumar against O.Ps named above for an award of Rs.2516.00 only along with Rs.5000.00 as compensation towards mental and physical harassment. Further rate of interest on the award money Rs.2516.00 has been claimed @ 12% per annum from the date of filing till final realization for deficiency of service caused by the O.Ps.
Briefly stated case of the complainant Shri Madan Lal Kumar S/o Late Sohrai Ram R/o Ward No.7, Chakradharpur, Pin Code 833102, District West Singhbhum, Jharkhand is that he is the consumer of the Postmaster General Bihar at GPO Patna and the Postmaster Bihta, O-Bihta Patna, Bihar 801103 because the complainant sent one packet of medicine through Post Office Chakradharpur on 06.07.2019 vide speed post bearing No.EJ484907994 and IVR No.6974484907994 to Shri Abhay Kumar Singh at Pitambar Nagar, Bihta Patna -801103, Mobile No.9572208551 for which he paid required money further that packet has not been delivered till date. Further that the complainant has lodged one complaint through net on 14.07.2019 vide Complaint No.10009398217 but to no avail and after that the complainant has lodged also written complaint dated 22.07.2019 by Registered Post bearing Receipt No.EJ484907800IN, EJ484907685IN, and EJ84907929IN. Further that the Senior Post Superintendent, Patna Division, Patna gave reply through letter bearing No.CR/MISC/CO-24/19-20 dated 05.08.2019 and informed the complainant to contact to Phone No.06122220207 and after contacting the complainant did not get any positive result and due to negligent act of the opposite party the patient could not get the valuable medicine in time and suffered immensely. Further that due to such negligence of O.P. instant case has been filed by the complainant for an award of Rs.2516.00 @ 12% per annum from the date of claim till final realization and Rs.5000.00 towards compensation for mental and physical harassment as well as litigation cost.
After admission of this case notice was issued to O.P on 01.10.2019 and despite issuance of notice when O.P. did not appear in this case and after passing several dates then vide order dated 29.01.2021 O.Ps stood debarred from filing show cause and ex-parte proceedings started against O.Ps and complainant was directed to adduce oral and documentary evidences in support of his case:-
In support of the case complaint has adduced affidavited and documentary evidences which are as follows:-
1. Complainant has adduced his affidavited evidence as witness.
2. Original Postal Receipt No.EJ484907994IN, IVR No.6974484907994 has been marked (Exhibit 1)
3. Original Invoice Receipt of Medicines dated 27.06.2019 as (Exhibit 2)
4. Original Postal Receipt No.EJ84907929IN, EJ484907800IN, EJ484907685IN dated 22.07.2019 as (Exhibit 3)
5. Copy of Notice dated 22.07.2019 as (Exhibit 4)
6. Reply of O.P bearing No.CR/MIS/CO-24/19-20 dated 05.08.2019 (Exhibit 5)
Since case of the proceeding stood ex-parte against O.Ps so, whatever evidences has been adduced by the complainant that will be basis for finding in this case Further complainant has deleted name and address of O.P No.1 from case title of complaint petition so, finding of this case will be binding on O.P. No.2 & 3 only.
FINDING
On perusal of the case record we find that complainant Mohanlal Kumar has filed his affidavited as well as documentary evidence in support of his case which are as follows :-
1. Complainant has adduced his affidavited evidence as witness.
2. Original Postal Receipt No.EJ484907994IN, IVR No.6974484907994 has been marked (Exhibit 1)
3. Original Invoice Receipt of Medicines dated 27.06.2019 as (Exhibit 2)
4. Original Postal Receipt No.EJ84907929IN, EJ484907800IN, EJ484907685IN dated 22.07.2019 as (Exhibit 3)
5. Copy of Notice dated 22.07.2019 as (Exhibit 4)
6. Reply of O.P bearing No.CR/MIS/CO-24/19-20 dated 05.08.2019 (Exhibit 5)
On perusal of the record we further find that complainant has filed this case against O.Ps namely (1) The Post Master Chakradharpur, West Singhbhum, Jharkhand (2) The Post Master General, Bihar at GPO, Patna, Bihar, (3) The Post Master, Bihta O-Bihta (Patna) Bihar-801103, but subsequently in compliance of order dated 02.06.2022 complainant has deleted name and address of the O.P No.1 from the cause title of the complaint petition. Further complaint petition of the complainant shows that he had sent a packet of medicine through Post Office Chakradharpur on 06.07.2019 to Abhay Kumar Singh at Pitambar Nagar behind Shivlal Type House Bihta Patna 801103 through speed post bearing No.EJ484907994, IVR No.6974484907994. Further that sent packet was not delivered to Abhay Kumar Singh within reasonable time, then complainant lodged online complaint through Internet on 14.07.2019 vide Complaint No.10009398217 but no reply was given on behalf of the O.P. Since sent packet containted valuable medicine which was for the use of patient, so, complainant again lodged complaint on 22.07.2019 through bearing Registered Post Receipt No.EJ484907800IN, EJ484907685IN and EJ48907929IN. After that reply was sent by the senior Post Superintendent Patna Division Patna with information that complainant should contact on phone number 06122220207 and complainant tried to make contact on the given number but he didn't receive any positive answer. Further that due to negligent act of O.Ps medicine could not reach to the patient and complainant suffered immensely and accordingly complainant has claimed Rs.2516.00 @ 12% from the date of claim till final realization and also compensation towards mental, physical harassment along with litigation cost and prayer has been made to pass an award accordingly in favour of the complainant.
To prove the above averment and contention of the complaint petition complainant has filed his affidavited evidence which goes to shows that he has supported his complaint petition in Toto. Further documentary evidence goes to shows that as per the exhibit 1 which is related with Postal Receipt issued by Chakradharpur Post Office on 06.07.2019 at 11.45 A.M. Further it shows that some articles has been sent through speed post to Abhay Kumar Singh, Pitambar Nagar behind Shivlal Type Bihta and the same has been sent by Madan Lal Kumar Ward No.7, Chakradharpur 833102, District West Singhbhum, Jharkhand for which amount has been realised Rs.47.20 cash by the Chakradharpur Post Office. Exhibit 2 shows that same medicine which has been purchased by Rita Pandit resident of Kumar Patti Chakradharpur on 27.06.2019 and paid amount for the medicine was Rs.2516.00 only. Further Exhibit 3 goes to show that Speed Post has been sent to Post Master Bihta, Post Master General Patna and Post Master Chakradharpur. Exhibit 4 is related with the correspondence done by complainant Madan Lal Kumar to Post Master Chakradharpur about none receipt of packet/consignment and copy thereof has been sent to Post Master General Bihta at GPO Patna and P.O. Bihta Patna having pin code as Post Office Bihta 801203. So far Exhibit 5 is concerned it is related with letter dated 05.08.2019 issued office of Senior Postal Superintendent Patna Division Patna Pin Code 800004 and that letter goes to shows that complainant has been informed that as per the information from Patna GPO his Postal Article No.EJ484907994IN dated 06.07.2019 has been distributed to the office of Patna RLO and complainant have further been informed that in this regard he may make contact in the office of Patna RLO over Phone No.06122220207 and copy thereof has been sent to Assistant Director Public Grievance Bihar Circle Patna in reply of above CPT/MIS/Patna 69/2019-20 dated 01.08.2019.
It appears that keeping in view this exhibit complainant has filed petition to delete the name of O.P. No.1 from the cause title from the complaint petition and that he does not wish to contest with O.P. No.1 as packet has already been received in the office of Patna RLO Office.
After Perusal of the affidavited and documentary evidences adduced on behalf of the complainant it is crystal clear that packet / consignment was sent by the complainant to Abhay Shankar Singh which was to be distributed to him from the Bihta Post Office further exhibit 5 clearly shows that above consignment was distributed in the office of Patna RLO on 11.07.2019 and onwards there was no trace of the consignment and the same was not delivered to the Abhay Kumar Singh from the Bihta Post Office.
Since proceeding of the case as started earlier is going on ex-parte against O.Ps and whatever affidavited as well as documentary evidences has been adduced by the complainant that cannot be disbelieved as this stage rather above documentary and affidavited evidences are worthy to believe and further we are of the considered opinion that complainant has been proved his allegation against the O.Ps and there is deficiency of service from the O.Ps side and complainant is entitled for the following relief as this case is fit for ex-parte decree.
Accordingly it is therefore
ORDER
That the case is decreed ex-parte against the O.Ps for an award of Rs.2516.00 (Two thousand five hundred sixteen) only along with @ 9% from the date of filing till final realization. Further an award of Rs.5000.00 (Five thousand) only is also passed in favour of complainant towards compensation for mental and physical harassment as well as litigation cost. Further O.P No.2 & 3 are directed to pay the award amount to the complainant within 30 days from the judgment communicated to him. Let copy of this judgment be furnished to both parties free of cost for their information and compliance.
(Rajiv Kumar) (Aparna Mishra) (Vijai Kumar Sharma)
Member Member President
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