DATE OF FILING                    :     18-02-2013.

DATE OF S/R                            :      19-03-2014.

DATE OF FINAL ORDER      :     11-09-2014.

Amal Kumar Sanyal,

son of late Beni Madhab Sanyal,

residing at Jagacha near Ashakunja,

c/o. Rabin Chakraborty, P.S. Jagacha,

District – Howrah,--------------------------------------------------------------- COMPLAINANT.

-          Versus   -

The Post Master,

Head Post Office at  Howrah,

PIN – 711101.-----------------------------------------------------------------OPPOSITE PARTY.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.               The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has  prayed for direction upon the o.p. to return the money sent through money order vide slip no. 4331 dated 28-10-2011 together  with damage as it did not reach the person to whom it was sent.  

2.               The o.p. in their written version stated that they are ready to pay the value of the money order i.e., Rs. 3,500/-, as on scrutiny it is revealed that the money order could not be served.  

3.        Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

4.               Both the points are  taken up together for consideration. The bone of contention is the sum of Rs. 3,500/- sent through M.O. No. 4331 dated 28-10-2011 which remained undelivered. On enquiry conducted by the o.p. it is revealed that the same was booked from Ramrajatala P.O. Howrah – 4. As it was claimed by the payee, it was returned to the remitter on 15-11-2011. But it was lost in transit. The complainant did not lodge any complaint regarding the non-payment of the MO within 12 months from the date of booking. So we trace no deficiency in service on the part of the o.p. the o.p. is, however, ready to pay the value of the M.O. We are, therefore, passing the order in term with the prayer of the o.p.

           Both the points are accordingly disposed of.

      Hence,

O     R     D      E      R      E        D

      That the C. C. Case No. 79  of 2014 ( HDF 79 of 2014 )  be and the same is  allowed on contest as against the o.p. but in view of the circumstances without cost.  

      The O.P. be directed to return the sum of Rs. 3,500/- remitted thorough M.O. to the complainant within  30 days from the date of this order.

      No order as compensation.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    T.K. Bhattacharya  )                                              

  President,  C.D.R.F., Howrah.