BEFORE THE SOUTH MUMBAI DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
Puravatha Bhavan, 1st Floor, General Nagesh Marg, Near Mahatma Gandhi Hospital, Opp. M.D. College, Parel, Mumbai – 400 012.
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),
6th 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,
2nd 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.
Sr.No. | Points | Answers |
1. | Whether there is any deficiency in service and unfair trade practice on the part of the Opponents? ... | No. |
2. | What order? ... | As per final order. |
(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//
The complaint stands dismissed.
Parties to bear their own costs.
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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