JUDGEMENT

          Complainant by filing this complaint has submitted that he sent Rs.3,000/- to his wife as maintenance cost as per direction of Hon’ble High Court’s order through Sech Bhawan Post Office on 09.11.2012 by E.M.O. but no acknowledgement delivery of the aforesaid in respect of the said EMO and returned back to the complainant or the said amount was also not received back by the op.  So, complainant visited the office of the op to know the status of EMO and complainant was told by the op that it will take some time to send the delivery report to the complainant.  But after a lapse of 7 months, complainant did not receive any information.  So, sent a letter dated 18.06.2013 addressed to the Post Master, Sech Bhawan Post Office regarding non-receipt of the EMO.  But no fruitful result was received by the complainant from the op and the EMO receipt number is PNR No.136870121109007746 dated 09.11.2012.  Further complainant wrote another letter on 27.07.2013 thereafter on 13.08.2013, but no reply was received from the ops.

          But fact remains that complainant hired the service of the op by paying postal charges for delivery of EMO and for rendering service by the op.  But complainant as consumer has not received such service and in fact till the filing of the complaint on 08.11.2013 complainant did not get back that money or did not get any reply from the Post Master or Chief Post Master General.  So, for deficient and negligent manner of service this complaint was filed for returning of the said amount and for compensation and litigation cost.

          On the other hand op by filing written statement submitted that admittedly Rs.3,000/- as EMO was booked at Sech Bhawan Post Office on 09.11.2012 payable to Mrs. Sansriti Ganguly, Village-Rajipur, Hasnabad and it was duly sent to the payee on 10.11.2012 and due to some technical fault it could not be transmitted to the sender and it was came to the knowledge of the op no.1 on 18.06.2013 after receiving the complaint letter and the said complaint letter was sent to Hasnabad Post Office for consideration and further it is submitted that the complainant is not a consumer and fact remains as per Grievance Redress Mechanism (G.R.M.) in the Department of Post Office given in the citizen’s charter, complain has to be lodged within 60 days of the transaction available to the service and there was delay of 5 months to inform the authority concern regarding non-receipt of EMO acknowledgement which itself shows that complainant is very much negligent to take steps about the matter and fact remains that this Forum has no authority to decide the same and complaint should be dismissed.

                                                        Decision with reasons

          On hearing the arguments of the Ld. Lawyers of both the parties and also considering the materials it is undisputed fact that Rs.3,000/- was sent through Sech Bhawn Post Office by EMO by the complainant on 09.11.2012.  Truth is that till filing of the present complaint as on 08.11.2013, complainant did not get any information about the fate of the said EMO of Rs.3,000/- which was sent from Sech Bhawan Post Office on 09.11.2012 and it is admitted by the op in their written statement at Para-7 that upto 18.06.2013 they were not aware of the fact what happened in respect of the said amount.

          Truth is that complainant lodged complaint on 18.06 2013 after roaming day to day to get the status report of the said EMO.  Truth is that postal authority was silent which was their daily work in the post offices and fact remains that public at large are not entertained by the post office regarding their grievance and that is a common feature in respect of all the post offices even in Post Master General office and the present admitted fact simply reveals that the postal authority is here and there for receiving the money for transmission after receiving the service charge.  But they are not here and there to serve the same properly and in the present case it is admitted position that the complainant has been harassed by the postal authority for last one year from the date of sending the money of Rs.3,000/- by EMO from Sech Bhawan on 09.08.2012.

          Fact remains that complainant sent so many letters which is received by the op but op did not reply.  So it is clear that op had no intention to entertain the grievance of the complainant and truth is that till the filing of the present complaint on 08.11.2013 op did not refund the said amount of Rs.3,000/- which was not received by the payee on 10.11.2012 as it was refused.  So it is clear that amount was in the custody of the postal authority on and from 09.11.2012 and up to the filing of this case it was not returned to the complainant, no status report was given to the complainant, no reply was given against the several reminders and letters of the complainant and that is admitted fact.

          But only postal authority who is engaged in serving the public at large against the payment of service charge are practically sitting idle in their respective chairs and they are not in a mood to give any reply to any customer about their grievance or queries and this is the common picture of the post offices in West Bengal what we have gathered in our cases also and as because they are government employees so they have nothing to do as there is none to challenge their authority and their services are confirmed service of the Central Government.  So they are not willing to do any service to the customers.

          The above conduct of the postal authority and their employees and officers are no doubt unfair and deceptive practice and their service is no doubt negligent and deficient in manner which is proved from their own written version.  Truth is that the Ld. Lawyer for the postal authority tried to convince that complainant did not lodge the complaint within time.  But it is unfortunate that it is the duty of the postal authority to inform forthwith about the status of the amount which has been sent by EMO but that has not been done.

          Their callousness is going to be erased by challenging the callousness of the complainant.  It indicates that the entire postal officers and staff are so callous that they are not in a mood to answer the question of the public and not in a mood to reply the query of the complainant and invariably such callousness of postal staff and officers are always treated as negligent and deficient manner in their daily service and in this case that has been proved.

          Fact remains that for one year complainant has been harassed by the ops, 4 letters were sent to the op, op received it and op has not denied that but op did not reply.  So, in the above circumstances we have gathered that the entire postal administration who are at fault should be punished by the Post Master General.

          Most interesting factor is that Post Master General is a party in this case but he has not taken any step which is no doubt deficient and negligent in nature.  Then considering the above fact it can be said that this Post Master General is also very much reluctant to give any relief to the customers and invariably the present complainant is a consumer and customer of the op.  When the Post Master even after received the complaint did not take any step to return the money along with interest, then it is clear that Post Master General has deficiency and negligence and when the Post Master General is deficient and negligent invariably the entire staff and officers also follow the same path of their authority of the Post Master and this is the post master of West Bengal and practically for total failure on the part of the postal authority or Post Master General office West Bengal this complainant has been harassed and he suffered much.

          Truth is that complainant is entitled to get back Rs.3,000/- but post master did not send it forthwith after receive of the complaint.  It indicates that Post Master General is holding the post but he is also negligent in discharging his daily performance for which his entire administration throughout the West Bengal are very much slow and enjoying the post as enjoyed same method as discharged by the Post Master General of West Bengal.

          On overall evaluation of the entire fact and materials we are satisfied that complainant’s grievance is genuine and justified when complainant has proved the negligent and deficient manner of service on the part of the ops and at the same time fraudulent deceptive act is on the part of the ops.

          In the result, the complaint succeeds.

          Hence, it is

                                                               ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs.3,000/- against the ops.

          Ops jointly and severally are hereby directed to refund and pay Rs.3,000/- (which was sent by EMO against PNR No. 136870121109007746 dated 09.11.2012) and further for causing mental pain and agony and also for negligent and deficient manner of the ops, ops jointly and severally shall have to pay a compensation of Rs.3,000/- to the complainant and the entire amount of litigation cost, compensation and refund of the EMO amount must be paid to the complainant within one month from the date of this order failing which for each day’s delay the ops shall have to pay punitive damages @ Rs.200/- per day till full satisfaction of the decree and if it is collected, same shall be deposited to this Forum.

          Ops are directed to comply this order failing which they shall have to be prosecuted u/s 27 of C.P. Act 1986 and even they may be further imposed penalty and fine for which they shall be liable for that.