This case has been arising out of the complaint filed by the complainant against the O.Ps named above u/s. 12 of the Consumer Protection Act, 1986. The case of the complainant is that he applied for the post of LDC against the notice number D.H. & F.W.S./APD 2018-2019/437 Dated 24/07/2018 issued by the State Health / District Health website. The complainant being an eligible candidate for the post of LDC and after fulfillment of all terms and condition mentioned by the pro-forma O.P in their circular the complainant applied for the post and his application was sent through speed post of O.P on 31/07/2018 after making payment of Rs. 41/- and the receipt number was EW867223528IN but on 11/08/2018 after lapse of 11 days the O.P returned his application to the sender which was posted on 31/07/2018 for the reason best known to the O.P. Due to the laches of the O.P the application of the complainant was not reached to the office of the pro-forma O.P. The complainant had booked his article for speed post from Jaigaon post office within the district of Alipurduar which is not very a long distance from the destination where the letter was to be delivered. But, due to laches of the Postal Department it was not delivered to the pro-forma O.P office and returned to the complainant after 11 days. Due to the laches of the O.P the complainant was failed to apply for the said post. There is a deficiency in service of the O.P for which he is liable to compensated. The complainant has claimed Rs. 10,000/- for compensation due to whimsical act of the O.P and he has also claimed Rs. 1 lakh for his harassment and mental agony and Rs. 50,000/- as litigation costs.
The O.P. has filed his written version and denying all the allegations made by the petition he has stated that O.P no knowledge regarding the contents of envelope he has stated that there is no deficiency in service. He further stated that according to sub-post master, Jaigaon report the articles were refused and returned to the sender. He further stated that according to Section - 6 of Indian Post Office Act, 1898 the post is exemption from liability for loss, mis-delivery, delay or damage. He further stated that the complainant did not lodge any complaint before the higher authority according to him he is not entitled to get any compensation.
The pro-forma O.P has also filed the Written Version wherein he has stated that he has not liability as because his office did not receive the application of the complainant within the time from the post office.
We have perused the materials on record meticulously. Considering the above pleadings the following issues are necessarily come out to consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.12 (1)(d)(ii) of Consumer Protection Act, 1986 ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as he prayed for?
DECISION WITH REASONS
Considering the nature and character of the case all the points are taken up together for consideration for the sake of brevity and convenience.
In this case the complainant has sent his application through speed post and the speed post booked at Jaigaon post office with charges of Rs. 41/-. The complainant has taken the service of Post Office (O.P) to send his application form to the pro-forma defendant for the post of L.D.C. The allegation is that the post office did not deliver this letter to the pro-forma defendant and it was returned to the complainant without any reason. Due to the laches of the post office the complainant could not apply for job in which he was entitled to. According to the provision of Consumer Protection Act, 1986 he is a consumer as because he has paid charges for taking services of post office under speed post.
The post office in which the application form was posted by the complainant is Jaigaon post office which is within the jurisdiction of the Commission and the complainant himself resides at the same place which is in the jurisdiction of this Commission. So, it is not barred by any jurisdiction.
In this case the main contention is that the complainant applies for the post of L.D.C. in the office of the pro-forma defendant according to the recruitment notice issued by the pro-forma defendant on 24/07/2018 Vide Memo No. DH & FWS/APD No. 18-19/437 and the last dated for submission of application on 06/08/2018 and it was also direction to send the said application only by registered post / speed post / courier service and it is specifically mentioned in the said notice that the department is not responsible for any postal delay. Accordingly, the complainant sent his application through speed post on 31/7/2018 being postal receipt no. EW 867223528 IN dated - 31/07/2018 but unfortunately, the said envelope was not delivered to the office of the pro-forma defendant and it was returned back to the complainant on 11/08/2018. The complainant has submitted Annexure- A, the recruitment notice along with application format Annexure- B, the postal receipt by which he said this application through speed post Annexure- C is the envelope containing his application form which was returned to him and Annexure - C 1 is the postal track report of post office.
The complainant specifically stated in his complaint as well as his evidence that due to the laches and negligence of the part of the O.P, his application was not reached to the office of pro-forma defendant within time, as a result he did not apply for the post of L.D.C. inspite of his eligibility.
The O.P has contested this case by filing written version although he has denied all the allegations and stated that the envelope was returned or refused to accept by the pro-forma defendant office for which it was returned to the sender. He has also stated that section- 6 of Indian Post Office Act, 1898 the post is exemption from liability for loss, mis-delivery, delay or damage.
We have heard the argument from the both side at length.
It is fact that the postal act was enacted in the year 1898 and there are several case laws of the National Commission and the State Commission which are reported in 1997 (1) CPR II NC 1 (1997) CPJ 378, 1 (2009) CPJ and others categorically observed that this Rule-6 of post office Act in the present situation is not applicable and the postal authority will not be exempted from any deficiency in service from their part when they have taken the charges for their service. The Hon’ble National Commission in several case laws reported in I (2009) CPJ Superintendent of Post and Telegraph Deptt. -Vs- N.L. Gupta and III (9) CPJ 281 Senior Superintendent of Post Office –Vs- Sharanjit Sing clearly opined that if the deficiency in service from the part of post office regarding delivery of article sent by speed post is found then the postal authority will not get the benefit of section 6 of post office act and this act can not come to rescue the Postal Deptt. The complainant files one case law reported in 2012(I) CPR 308 in which the judgment was passed by West Bengal State Consumer Disputes Redressal Commission wherein the similar situation was occurred and in that case the District Commission allow the petition of the complainant and awarded the compensation against the post master due to their deficiency in service and the Hon’ble State Commission has upheld the said order of the District Commission and dismissed the appeal of the post master and in that case the Hon’ble State Commission opined that section 6 will not come to protect the post master when the deficiency in service is found.
After careful scrutiny evidence on record as well as the documents we find that the complainant has sent his application form by speed post on 31/07/2018 at the last date of submission of that application was 06/08/2018 it was posted at Jaigaon post office which is near about 60 K.M. or from the office of pro-forma defendant. The complainant has paid the charges for the speed post and unfortunately, the said envelope was not reached to the office of the complainant and it was returned to the complainant on 11/08/2018 from Annexure -C it appears that there was no postal remarks written over the same envelope for reason of returned although O.P has stated that it was either refused or returned from the side of the pro-forma defendant but there is no such evidence that the pro-forma defendant has refused the said letter. From the postal track report i.e. Annexure – C (1) it appears that there was no mentioned that the said envelope was reached to the pro-forma defendant and the pro-forma defendant has refused the same. From the entire evidence as well as the documents we find that there is deficiency in service from the part of the O.P due to non-service of the said envelope to it’s destination within time and due to that laches from the part of the post office the complainant was deprived to apply for the post inspite of his eligibility. The O.P is not entitled to get any benefit under Rule- 6 of Indian Post Office Act as we have already discussed that in the several case laws. The Hon’ble National Commission as well as the State Commission did not encourage the said protection of the post office as it was enacted in the year 1898. We find that there was a deficiency of service from the part of the O.P. The complainant is entitled to get compensation due to non-availability of his opportunities to get the contractual job under the pro-forma O.P. The complainant is entitled to get compensation for his harassment and mental agony and also entitled to litigation costs.
Thus all the points are disposed of accordingly.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and same is allowed on contest against the O.P. The complainant do get the award of Rs. 10,000/- for missing his opportunity to get the job in the office of the Pro-forma O.P and he also do get an award amounting to Rs. 75,000/- as compensation for his mental agony and sufferings and also Rs. 10,000/- as his litigation costs; total decreetal amount of Rs. 95,000/- excluding interest. The O.P (Post Master, Jaigaon Post Office) is hereby directed to pay the decreetal amount along with interes @ of 6% P.A. till the payment is made to the complainant within 30 days from this day, failing which legal action will be taken against him.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
