This is a complaint made by one Tarakeshwar Dubey, son of Sri Shiwji Dubey, residing at Flat No.53, 12st floor, 128, Hazra Road, P.S.-Bhowanipur, Kolkata-700 026 against (1) The Postmaster, Kalighat Post Office, P.S.-Tollygunge, Kolkata-700 026, OP No.1 and (2) Senior Superintendent of Post Offices, South Kolkata Division, Kolkata-700 029, OP No.2, praying for compensation to the tune of Rs.1,00,000/- for his loss he and his family suffered and compensation to the tune of Rs.3,50,000/- for harassment, mental agonies, health loss and loss of properties and litigation cost of Rs.15,000/- for compensation for deficiency in services to the tune of Rs.30,000/-.
Facts in brief are that Complainant applied for availing a post box facilitiy at Kalighat Post Office through an application dated 7.10.2014. The office of the Postmaster through his letter dated 5.11.2014 offered the Complainant for allotment of post box. Complainant submitted the application with the fee of Rs.150/- in cash as demanded by OP No.1 and obtained the money receipt. OP No.1 allotted the post box vide Post Box No.10411. But, did not give the post box key to the Complainant. Complainant visited the Post Office on 7.1.2015 and demanded post box key. But, OP No.1 refused to hand over the key and indulged into quarrel with the Complainant making false allegation for which Complainant went to Tollygunge P.S. OP No.1 did not care the Complainant and they did not handed over the key. So, Complainant suffered huge loss for which Complainant has filed this complaint.
OP filed written version and denied the allegations of the Complainant. OP in specific terms has stated that they informed the Complainant that no key was available which could be readily handed over to the Complainant although the post box are properly sealed from outside and respective holders can take delivery of inside the post office under supervision of the concerned authority. But, Complainant unnecessarily created nuisance. Further, OP has stated that there was no loss as claimed by the Complainant and there are fourteen other consumers who accepted the post box and Complainant is in a habit of filing case on flimsy grounds. So, OP prayed for dismissal of the case.
Decision with reasons
Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint. Against affidavit-in-chief OP put certain questions to which Complainant replied. Similarly, OP filed affidavit-in-chief and reiterated the facts mentioned in written version. Against this Complainant filed questionnaire to which OPs replied.
Main point for determination is whether Complainant is entitled to the reliefs which he has prayed for.
Complainant has filed written argument where he has made allegation against the OP of deficiency in services and also loss suffered by the anti-social elements of the area. This fact Complainant has also mentioned in the complaint and affidavit-in-chief by stating that Complainant and his family members suffered at the hands of anti-social elements and criminals for which he filed a complaint before the Ld. 7th Judicial Magistrate.No detail as to loss suffered is furnished for relief of compensation and hence that cannot be a ground for claim of compensation by the Complainant.
Similarly, Complainant has claimed Rs.3,50,000/- for mental agony, harassment, health loss, etc. Further, there is no explanation as to what acts and conducts of OPs caused mental agony, health loss and loss of properties.
Moreover, if this has happened also it cannot be linked with not providing the key by the OP.
In the aforesaid facts and circumstances, we are of the view that Complainant failed to prove the allegations mentioned in the complaint.
Hence,
ordered
CC/226/2016 and the same is dismissed on contest.
