BEFORE THE SOUTH MUMBAI  DISTRICT  CONSUMER DISPUTES REDRESSAL FORUM,

                                                                         O.No.

Complaint No.SMF/MUM/CC/14/149

    Date of filing :  23/06/2014                                                                                                     

                                                                   Date of Order:  27/09/2017

Mr. Bhagwan M. Karia,

Koteshwar Ashish (CHS),

6^th Floor, J.N. Road,

Mulund (W),

Mumbai – 400 080.                                           ..… Complainant       

      V/s.

1.The  Post Master,

   Dhanama Bhavan Post Office,

  M.S. Road, Mulund (W),

  Mumbai – 400 080.

2.Rekha Q.A. Rizvi,

  Sr. Supdt. Of Post Office   

  Mumbai City North East Division,

  Bhandup (E),

  Mumbai – 400 042.

3.Mr. Agarwal Post Master General,

   Mumbai Region,

  GPO, Mumbai – 400 001.

4. Shri. B.K. Bisoy,

   C.P.M.G. Maharashtra Circle,

   2^nd Floor, General Post Office (Old Bldg.)

   Near CST,

  Mumbai – 400 001.

5. Chetna Critical Care Unit,                                     

   Navjyoti Bldg., R.R.T. Road,

   Mulund (W),

  Mumbai – 400 080.                     ….. Opposite Party

                    Coram:

Shri. G.K. Rathod              :   Hon’ble President

Shri. S.R. Sanap                  :   Hon’ble Member

Appearance:  

    Complainant                         -    In person

             Opposite Parties (Nos. 1,2,3,4 )  -      Adv. Shri. Vinod Joshi,

                                                                   Adv. Shri. Sahasrabuddhe,

Adv. Smt. Radhika Dhuri

              Opposite Party No. 5                    -     Ex-parte

// JUDGMENT//

PER SHRI. G.K. RATHOD – HON’BLE  PRESIDENT

                   The brief facts of the case  as stated are as  under :-

                    The Complainant is a retired person and also a Social Activist residing at Mulund West.  He has booked a registered letter No. RM058530545IN on 23/08/2011 addressed to Secretary, Chetna Critical Care Unit (Hospital), RRT Road, Mulund West, Mumbai - 400080 from Nehru Road Post Office.  The said registered letter was issued for delivery to Shri. S.S. Ram Postman Mulund West.  On 24/8/2011 the same was returned back undelivered with remark “Left”.   Then the Complainant has delivered the same copy of the letter to Chetna Critical Care Unit on 27/8/2011 by hand which has been correctly acknowledged by the Hospital Authorities.  It is alleged by the Complainant that the Opponent S.S. Ram Postman without making enquiry, returned the letter with the endorsement  addressee has left the premises .  Therefore, there is a deficiency in service on the part of the Opponent Post Office Department, hence the Complainant has claimed for refund of entire expenses of RPAD Rs. 25/- and Rs. 25,000/- for mental agony, Rs. 25,000/- for legal fees and expenses and Rs. 10,000/- for various other expenses due to the negligence of the Opposite Party.  Thus he has claimed the total amount of Rs. 60,025/-. 

(2)              To revert the claim of the Complainant, the Opponent Nos. 1 to 4 has filed written statement on behalf of Post and denied all the allegations against them.  On the contrary, on the complaint of the Complainant they have carried out the Departmental enquiry and his payment has been reduced by one stage  for a period of three months without cumulative effect, as he has not made enquiry regarding the change of address and had  made a remark “Left”.  The complaint is false only to harass the Postal Department and only to abstract money the case is filed, liable for dismissed.

(3)               Ex-parte order has been passed against the Opponent No. 5.

(4)              From the above facts following points arose for our consideration.

(5)              After perusal of the contents of the complaint, his affidavit evidence, written arguments and also contents of the written statement, affidavit evidence, written arguments on behalf of the Opponent  Nos.1 to 4, it appears that there was a change in address and without enquiring, the Postman Shri. S.S. Ram made a remark  “Left” but the fact is that the Chetana Critical Care Unit was shifted to another place inspite of that the complaint received from the Complainant. The Postal Department Authority i.e. the Opponent Nos. 1 to 4 has carried out the enquiry against Postman Shri. S.S. Ram, who has made a remark “Left” on the RPAD Envelope.  They have carried out Departmental enquiry and as the Postman has not made any enquiry and given a remark and therefore, Postal Department has taken action against him and his payment has been reduced by one stage for a period of three months.   

(6)              Considering the above facts, we do not find any substance in the complaint that he is entitled for expenses of Rs. 25/- and compensation of Rs. 25,000/- for mental agony, as also  Rs. 25,000/- for legal fees and Rs. 10,000/- for various expenses. 

(7)              In view of our observations, we answer the points No. (1)  in the negative and therefore the complaint is liable to be dismissed.

(8)              Hence the following order :

//O R D E R//

1. The complaint stands dismissed.

    

2. Parties to bear their own costs.

    

3. Certified copy of this order be supplied to both the parties free of costs.

    

    

 (Shri. S.R. Sanap)                                       (Shri.G.K. Rathod)

  Hon’ble  Member                                       Hon’ble President

Note:-  As the pleadings, affidavit, documents, written arguments of the parties are in English, the order in the proceeding is passed for the better knowledge of the parties in English.

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