OFFICE  OF  THE  DISTRICT  CONSUMER  DISPUTES  REDRESSAL FORUM, KAMRUP,GUWAHATI

C.C.48/2011

Present:-

                             1)Md.Sahadat Hussain, A.J.S.      -President

                             2)Sri U.N.Deka                             - Member

         Shri Mahesh Coomar Garodia                             -    Complainant

         S/O Late Gangadhar Garodia

          Kamarpatty, H.B.Road,Fancy Bazar,

          Guwahati-1, Kamrup (Metro)

                    -vs-

1)      The Post Master,G.P.O.HSR                               -    Opp.parties

          Layout, HST BDA Complex,

          Bangalore-560102, Karnataka.

2)      The Sr.Superintendent of Post Offices,

         Bangalore South Division,

         Bangalore -560041, Karnataka.

3)     The Post Master, GPO, Panbazar,

        Guwahati-781001,District-Kamrup (Metro),

        Assam

                                      -Principal Opp.Parties

4)      Shri Manish Garodia,son of

         Shri Mahesh Coomar Garodia,

         Resident of 305-A, SVR Flora 32/11,

         Haralukunte, Haralur Road,HSR Layout,

         Sector-2, Bangalore-560102, Karnataka.

          Appearance-        

Learned advocate for the complainant-   Sri Mahendra Jain       

Learned advocate for the Opp.Party -    None appeared

Date of argument-              29.3.2016

                         Date of judgment-             8.4..2016                              

Judgment

This is a complaint u/s 12 of the Consumer Protection Act, 1986.

1. The complaint filed by Shri Mahesh Coomar Garodia, was admitted on 29.10.11 and notices were sent to the opp.parties which was served upon them and Opp.Party No.3 filed written statement on 20.3.13, but Opp.Party No.2 & 3 have not filed any written statement, but finally Opp.Party No.1 also defaulted to appear and accordingly, vide this forum order dtd.11.3.2016 directed that the case against the opp.parties will proceed on exparte. In this case, the complainant side filed affidavit on 28.11.2013 and their Ld advocate  Mr.Mahendra Jain files written argument on 29.3.16 and he also forwarded his oral argument on 29.3.2016.
2.      The gist of the complainant’s case is that the complainant’s son namely Sri Manish Garodia (proforma Opp.Party No.4) on 3.11.2010 vide receipt No. RPA No.3995 sent valuable goods and life saving medicine worth more than Rs.25,000/- to him  through postal department from Bangalore, but that consignment did not reached him and then Opp.Party No.4 vide his letter dtd. 20.12.2010 intimated Opp.Party No.1 about said non-delivery, but the latter did not reply back and then proforma Opp.Party No.4 again sent another letter to  Opp.Party No.1 on 12.3.2011 and then Opp.Party No.2 vide their letter dtd. 20.12.2010 and 12.3.2011 and letter dtd. 22.3.2011 intimated him that preliminary enquiry was made with Guwahati G.P.O. to locate the disposal of the parcel and again on 3.6.2011 the complainant requested Opp.Party No.1,2,3 to locate into the matter and to arrange delivery of the parcel and then Opp.Party No.2 vide his letter dtd. 3.6.2011 and letter dtd. 27.7.2011 intimated the complainant that the article was not traceable. For such non-delivery the complainant has to sufferfrom mental agony and accordingly he prays for direction to the opp.partiesto pay him Rs.25,000/- as the value of the lost consignment and Rs.3438 as interest on it till filing of the complaint as well as Rs.1,00,000/- as compensation for causing harassment to him and for putting him in mental agony.
3. We have perused the affidavit of the complainant as well as the argument forwarded by his counsel. We have found that Opp.Party No.3 by filing written statement in this case admits that the Registered Parcel No.A 3995 dtd. 3.11.2010 has been despatched from the office of the booking HSR Layout , Bangalore -560102 on 3.11.2010 to Bangalore City RMS and it reached Rangia RMS via Chennai RMS and Rangia RMS sent it to Shillong with remark “Address not clear”. But Shillong Post Office returned it to Bangalore office and Bangalore office finally delivered the said parcel to Shri Manish Garodia (Opp.Party No.4), who is the sender of the said parcel. Thus, it is established that the consignment was booked by Opp.Party No.4 at HSR Layout Post Office Bangalore- 560102  on 3.11.2010 and it was not delivered to the consignee (the complainant), and the opp.parties  postal department without delivering the same to the complainant returned it to the consignor Shri Manish Garodia (Opp.Party No.4) on 10.12.11. Thus it is seen that after one year of booking the consignment at Bangalore branch of the opp.party, it was delivered to the consignor instead of delivering it to the consignee (the complainant). What lapse have been done by the Postal Department on the way is not a subject to be excused by the complainant. The  opp.party side adduce no evidence to show that the address of the consignor is not either readableor the consignee was not found in the address by the peon of the opp.parties. From record, it is clear that the complainant Shri Mahesh Coomar Garodia is the permanent resident of Kamarpatty, H.B.Road, Fancy Bazar,Guwahati, district , Kamrup (Metro) which is a place in the heart of Guwahati Metro City. In such situation, it cannot be said that the address was not found by the peon of the opp.parties. Thus, it is crystal clear that Opp.Party No.1, 2 & 3 side are negligent in the process of dispatch the consignment and in result they failed to deliver it to the complainant. So, in such situation, act returning the consignment to the consignor by the Opp.Party No.1,2 & 3 side cannot be exonerate them from the liability. So , it is a clear case of deficiency of service on the part of the Opp.Party No.1,23 towards the complainant and with that count, they are liable to pay compensation to the complainant.
4. The complainant’s consignment contained valuable goods and life saving medicine worth  about Rs.25,000/- .  Generally, the medicine becomes expired after one year and after one year it becomes poisonous . It is found that the opp.party neither paid any amount as compensation to the complainant nor returned postal charge of Rs.425/- paid by the opp.party No.4. The consignment returned contained the life saving drugs and the drugs becomes expired on the date of returning them to Opp.Party No.4. Therefore, Opp.Party No.1,2 & 3 side are liable to pay Rs.25,000/- i.e. the value of the items of the consignment as well as Rs.425/- (postal charge) to the complainant with interest @ 12 % per annum from the date of filing of this complaint. Secondly, they are also liable to pay compensation atleast Rs.10,000/- for causing harassment to the complainant. Thirdly, for no fault of the complainant, he had to prosecute the Opp.Party No.1,2,3 to get relief from this forum after spending certain amount and therefore, we are of opinion that atleast Rs.10,000/- is to be paid by Opp.Party No.1,2 & 3 as cost of the   proceeding. We have already found that the opp.party No.1,2 & 3 are guilty of deficiency of service towards the complainant. It is also found that the process of sending consignment through postal department is a paid service, but not a welfare service having a charge of sending the consignment was paid by the complainant. So, in that premises, Opp.Party No.1,2 & 3, even being organization of Government of India, stand as service provider to the complainant and the complainant is the consumer of the service and so in such situation , Sec.6 of Indian Post Office Act,1989, shall not exonerate Opp.Party NO.1,2& 3 from liability and in result, Opp.Party NO.1,2 &3 are liable to pay compensation calculated as below.   

5.     Because of what has been discussed as above, the complaint is allowed on exparte against Opp.Party No.1, 2 & 3 namely     1) The Post Master, G.P.O. HSR       Layout, HST BDA Complex,Bangalore-560102, Karnataka.  2)         The Sr.Superintendent of Post Offices, Bangalore South Division, Bangalore -560041, Karnataka.     3)   The Post Master, GPO, Panbazar, Guwahati-781001, District- Kamrup (Metro), Assam  and they are directed to pay Rs.25,425/- (Rs.25,000/- + Rs.425/-) to the complainant with interest as the value of the consignment and the charge of the consignment along with interest @ 12 % per annum from the date of filing of the complaint , and also to pay Rs.10,000/- as compensation to him for causing harassment and mental agony to him as well as Rs.10,000/- as cost of the proceeding. They are directed to pay the amount within two months, in default of which , other two amounts shall  also carry interest @ 12 % per annum.

Given under our hands and seal of this forum on this day 8^th April, 2016.

Free copies of judgment be delivered to the parties.

(Md.S.Hussain)

    President

                 (Mr.U.N.Deka)

                       Member