West Bengal

Paschim Midnapore

CC/182/2012

Sri Sankar Kumar Jana - Complainant(s)

Versus

The Post Master Delhi General Post Office - Opp.Party(s)

25 Feb 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.182/2012                                                         Date of disposal: 25/02/2014                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr.Sujit Kumar Das

                                                      MEMBER :  Debi sengupta.

                                                      MEMBER : 

   

    For the Complainant/Petitioner/Plaintiff : Mr. S. Dasmal. Advocate.

    For the Defendant/O.P.S.                           : Mr. S. Parya. Advocate.

          

                   Sri Sankar Kumar Jana, S/O- Lt. Harekrishna Jana, Prop. M/S Sankar Medical, of Vill

                   Khakurda Bazar, P.O. Khakurda, P.S. Belda, Dist. Paschim Medinipur, Pin            

                   721445.………………………………………………….. Complainant.        

                                                              Vs.

                  1)  The Post Master Delhi General Post Office, P.O. Delhi, Delhi.110006

                  2)  The Sub Post Master Khakurda Post Office, at & P.O. Khakurda, Dist. Paschim        

                       Medinipur, Pin.721445…………………………………..………Ops.

                     

                      The case of the complainant, Sri Sankar kumar Jana, in short, is that since long days he runs a medicine shop in the name and style M/s Sankar Medical at Khakurda Bazar, Belda  and for such business he purchased some valuable medicines at the cost of 71223/-(Seventy one thousand two hundred twenty three) only  from Jayna Pharma, Bhagirath Place, Delhi-110006 against tax invoice dated 07/02/12. The medicines in two parcels were sent by registered post with A/D on 07/02/12 through Delhi General P.O. But unfortunately the said parcels did not reach to the complainant.  On inquiry at local P.S Khakurda, the complainant came to know that the registered parcels are not received by the said local P.S till 17/03/12.  Complainant ultimately on 07/09/12 served advocate notice with registered post with A/D to the Director General P.S, Delhi. But even then no result is yielded. The complainant made allegation before us by way of this application that a fraud practice has been done by the Op in the matter of delivery of those parcels. As a result, the complainant suffered huge loss and thereby prays for relief by way of award of 71,223/- (Seventy

Contd…………………P/2

 

- ( 2 ) -

one thousand two hundred twenty three) only with interest and compensation 1,00,000/- (One lakh) only payable by the Op.

 Op-No.2 contested  the case by filing written statement challenging therein that the case is not maintainable for having no cause of action and the same is bad for defect of parties and non-joinder of necessary party.  Upon inquiry the Op came to know that the registered parcels were received in Kolkata R.M.S and lost thereafter.  Even then the inquiry goes on for searching out the same.  So, there is no deficiency of service on the part of Op-No.2 and the case should be dismissed against them.

 The  Op-No.1 Post Master Delhi General Post Office did not submit within objection of the case, save and except certain documents are believed to have been sent to Op-No.2 as on record.

Upon the case of both parties the following issues are framed.

Issues:

1. Whether the case is maintainable in it’s present form?
2. Whether the case is bad for non-joinder of necessary parties or defect of parties?
3. Whether the complainant is entitled to get relief as prayed for?

 

Decision with reasons

Issue Nos.1 to 3:

 All the issues are taken up together for discussion as those are interlinked each other for the purpose of arriving at a correct decision in the dispute.

 Ld. Advocate for the complainant made his argument that it is an admitted case of the parties that the complainant purchased medicines which in two registered parcels were sent to Kolkata R.M.S and the same has been lost therefrom.  Thus, there is nothing adverse for the complainant to secure order of award of compensation as prayed for against the Ops.

Ld. Advocate for the Ops in reply submitted that unless any parcel is insured there is no question for granting compensation to the sender in the event of loss or damage caused due to negligence of the postal authority.  In this connection, relevant provision of the P & T manual has been explained on production of the said volume No.7 in the subject.  Thus, insurance is compulsory for getting compensation in case of loss or damage of the parcels.  Here in this case no such statutory insurance of the articles was done by the sender.  Thus, the complainant has no case to get relief as prayed for.

We have carefully made a thorough scrutiny of the evidence on record while considering the case of both parties as a whole and it appears that the parcels allegedly containing the medicine may have been sent from Delhi GPO by the sender Jayna Pharma. Admittedly, the

Contd…………………P/3

 

 

- ( 3 ) -

parcels reached at Kolkata R.M.S. P.O. and at any point of time the parcels were lost thereform. No evidence to show that the-Parcel has come to Op-No.2. If that be so the R.M.S Kolkata P.O is required to be necessary party to this case.  Unless R.M.S Kolkata P.O. is heard, no decision can be taken in favour of the complainant. Over and above, it is not even clear before us by virtue of adducing legal evidence establishing the fact that two parcels were at all sent through the Delhi G.P.O. for this complainant. Mere a report of Delhi GPO without due hearing to the Kolkata RMS regarding to content thereof should not be accepted as a cutting sword for conclusive decision in the matter.

In view of the fact and circumstances as discussed above we are inclined to hold and decide that the petition of complaint suffers for want of cause of action and absence of necessary parties. Thus the issues are disposed of against the complainant.  As a result, the case fails.

 Hence, it is,

                    Ordered,

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

Dic. & Corrected by me

              

         President                                             Member                                                President

                                                                                                                              District Forum

                                                                                                                           Paschim Medinipur.