Complainant Smt. Amrita M. Sinha filed this complaint for claim of Rs. 2,387/- along with compensation of Rs. 75000/- for mental harassment and litigation cost of Rs. 20,000/-.

2          The case of the complainant is that complainant had booked a speed post parcel on 03.11.2015 to M/s Jaypore E-commerce Pvt. Ltd. Khasra New Delhi by paying of Rs. 92/- only having booking No. EJ440572489 IN but the parcel never reached the destination. On tracking it was found the last transaction shows that bag opened at Mehrauli S.O. Complainant lodged complaint No. 10006648933 dt. 01.12.2015 but the complaint was closed on 03.12.2016 showing no conclusion on delivery of the consignment. Again complaint was lodged having No. 10006771865 dt. 11.02.2016 which was also closed without any reason. It is negligence in service on the part of the O.P. Due to this the complainant has loss of parcel and mental harassment.

            A legal notice was served on 15.06.2016 which is also not replied by the O.P. and this is deficiency in service.  The loss of capital due to non re-imbruement insurance value is Rs. 2295/- and the postage charges Rs. 92/- in total Rs. 2,387/- for which the O.P. is liable to pay, hence this case has been filed.

3          The following documents have been filed by the complaint in support of the claim-

Anx-1 & 1/1 Copies of receipt of speed post and track report.

Anx-2 Copy of on line complaints.

Anx-3 Copy of legal notice.

Anx-4 Copy of price of the consignment sent through speed post showing the value.

4                      O.P. Head Post Master, Bokaro appeared and filed W.S. It is submitted that the complaint is not maintainable. It is further submitted the complainant has concealed the fact in his complaint in web site that “there is feature of insurance upto Rs. 1,00,000/- on payment of insurance charge” and further “in case of loss/damage the O.P. is only liable to pay double of speed post charge or Rs. 1000/- whichever is less”.  It is submitted that the Postal Department is not liable for loss, miss-delivery, delay or damage, unless it is caused fraudulently and section 6 of the Post Office Act protect the officer for their liability and submitted the complaint is liable to dismissed.

Anx-A has been filed in support by the O.P.

F I N D I N G S

5          We perused the record and it appears that the complainant taken service of the O.P on payment therefore, she is a consumer and the dispute is a consumer dispute.

6          After considering the Anx-A filed by the O.P. it appears that the valuable consignment can be insured upto Rs. 1,00,000/- on payment of insurance charges but no receipt has been filed on behalf of the complainant to show the insurance charges have been paid to the O.P. for insurance of the consignment. It is also mentioned in Anx-A the compensation shall be paid for loss of contents etc. the double of postal charges or Rs. 1000/- whichever is less.

            Sections 6 of the Post Office Act protect the Postal Officer regarding liability if there is no proof of any fraudulent act. In this case no such evidence is available to show the officer of the O.P. was fraudulent. Therefore, in the interest of justice on the basis of natural justice the O.P.  is liable to pay at list price of the value of the consignment along with compensation. Therefore, we have the considered view that the O.P. is liable for deficiency in service for not delivering the consignment at the destination which is the prime service to be done by the O.P.

7          Thus, we allow the main claim of the complainant for Rs. 2,387/- (Rs. Two thousand three hundred eighty seven) only (the consignment price two Woolen Stole Rs. 2,295/- and Postal charge of Rs. 92/-) to be paid by the O.P. Head Post Master, Bokaro to the complainant.

            Thus the O.P. is hereby directed to pay Rs. 2,387/- (Rs. Two thousand three hundred eighty seven) only to the complainant along with compensation for mental harassment of Rs. 184/- (Rs. One hundred eighty four) only and litigation cost of Rs. 500/- (Rs. Five hundred) only to the complainant.

            All the payment must be paid within 60 days from passing of this order, failing which the O.P. will be liable to pay interest of 10% (ten percent) on the main claim of Rs. 2,387/- (Rs. Two thousand three hundred eighty seven) only till realization.