Kerala

Malappuram

CC/07/105

ALPHONSA PETER,MANJERI - Complainant(s)

Versus

THE POSTMASTER,MANJERI - Opp.Party(s)

22 Apr 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. CC/07/105

ALPHONSA PETER,MANJERI
...........Appellant(s)

Vs.

THE POSTMASTER,MANJERI
K.C UNNIKRISHNAN, POSTMAN
K.V PEETHAMBARAN, CLERCK
...........Respondent(s)


BEFORE:
1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Smt. C.S. Sulekha Beevi, President, 1. Brief facts of the case:- Complainant is a school teacher residing in a rented house at Manjeri. She is aggrieved that opposite parties failed to deliver letters addressed to her and returned the letters with endorsement 'not known'. These letters bore her address as shown in the cause title. She complained about non-delivery of letters to Postal Superintendent on 13-9-07 and 17-9-07 and also to 1st opposite party on 26-10-07. It is averred that in September, 2007 opposite parties refused to deliver at her rented house her passport which was addressed to her as above. Against this she preferred complaint before Postal Superintendent. Enquiry was conducted by officers regarding her address. Statement of evidence was taken from two neighbors and also from the headmaster of the school in which she was working. She also produced residency certificate from the Municipality. Basing upon these documents passport was delivered to her on 17-9-02 at Manjeri Post office. Complainant contends that opposite parties who had come to know of her address after conduct of such enquiry ought not have returned subsequent letters undelivered with endorsement 'not known'. She prays for a direction to opposite party to deliver properly letters addressed to her and claims compensation of Rs.1500/-. 2. Joint version was filed on behalf of opposite parties by the Superintendent of Post office, Manjeri Division. It is admitted that petitioner is working as a teacher and residing in rented house at Manjeri. The passport and the letters were addressed as Alphonsa Peter, 'Karippath' house. The name of the rented house in which complainant resides is exhibited as 'Vinayaka' house and not Karippath. For this reason passport could not be delivered to her. Karippath house is the complainant's permanent address at Cherpungal, Kottayam District. There is no house under the delivery area of Manjeri head post office by name Karippath. Opposite parties have no difficulty in delivering any postal article addressed to complainant as “Vinayaka house, Arukizhaya, Manjeri. When address is shown as Karippath instead of Vinayaka opposite parties are not in a position to deliver the same, since there is no Karippath house in the delivery area and as the name board exhibited in front of the house in which petitioner resides reads as “Vinayaka'. The articles under complaint were returned undelivered with remarks 'not known' due to the above reasons and as per rules. Pass port which was addressed as Karippath was delivered as one time settlement after enquiry. There is no lapse or negligence on the part of opposite parties. Further complaint is not maintainable as per Sec.6 of Post Office Act, 1898. 3. Evidence consists of affidavits filed by both sides. Exts.A1 to A7 marked on the side of complainant. Exts.B1 to B10 marked on behalf of opposite parties. Either side has not adduced any oral evidence. 4. The undisputed facts of this case is that complainant whose identity is Alphonsa Peter, D/o Pathrose, Karippath house is now residing with her husband Mathew in rented house, near G.L.P. School, Arukizhaya, Manjeri. The name of this rented house is exhibited as 'Vinayaka'. On perusing the evidence tendered by affidavit and documents it is revealed that opposite parties did inform complainant that her passport has reached Manjeri post office but were not in a position to deliver at her house since the house name noted in the address was Karippath. She therefore preferred a complaint before Superintendent for delivery of passport. Enquiry was conducted by opposite parties, and after proper verification complainant took delivery of the passport from Manjeri post office. Another registered letter was also taken delivery by complainant from post office directly. What can be inferred from documents, pleadings and submissions made by both sides at the time of hearing is that, opposite parties adviced complainant to use the house name 'Vinayaka' also in her address. Complainant has taken an adamant attitude that since her address has been verified by opposite parties during the enquiry for delivery of passport the postal articles with house name Karippath should be delivered to her at her rented house. It can be reasonably understood that the issue arose out of the non-delivery of passport to the rented house of the complainant. Opposite parties rely upon Ext.B4 which is the departmental circular containing instructions for delivery of passport. Ext.B4 contains strict instructions not to deliver passports to fictitious addresses. Opposite parties cannot be found fault for taking abundant caution to prevent misdelivery of such an important document. Ext.A2 to A4 are the letters returned with endorsement 'not known'. These are letters send by son and relatives of the complainant. In Ext.A2 to A4 the address used is Karippath house only. Ext.A6 is the cover of the letter sent by Superintendent of Manjeri Division. The address is specifically clear which reads as “Alphonsa Peter Karippath, Vinayaka house, Near G.L.P.School, Arukizhaya, Manjeri.” The intention of using address on the postal article is to facilitate the postal authority to deliver them effectively. A citizen/consumer has a duty to furnish clear, correct and adequate information in the address. Admittedly 'Karippath' is the complainant's Tharavad house name which is at Cherpungal, Kottayam District. In front of the rented house in which she is residing, the house name exhibited is 'Vinayaka'. According to opposite party there is no house by name Karippath in the delivery area. In order to identify herself in postal article the correct way to use her address would be 'Alphonsa Peter, Karippath, now residing at Vinayaka, near G.L.P. School, Arukizhaya, Manjeri.' Complainant insists that opposite parties should deliver postal articles to her rented house even if the house name stated is 'Karippath' only. We do not find any merit in the contentions put forward by the complainant. Complainant is a teacher and her husband is a retired Senior Manager of Federal Bank. They belong to a Socially and educationally forward group who should understand with compassion the work load and plight of an ordinary postman. We find opposite parties not deficient in service. 5. In the result, complaint dismissed with no order as to costs. Dated this 22nd day of April, 2008. C.S. SULEKHA BEEVI, PRESIDENT E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A7 Ext.A1 : Cover from Passport Office addressed to complainant. Ext.A2 : Cover from Jobin J. Mathew addressed to complainant. Ext.A3 : Inland letter from Jane Mary Mathew addressed to complainant. Ext.A4 : Cover from Soonu Jobin addressed to complainant. Ext.A5 : Photo copy of the request dated, 13-9-07 sent by complainant to Superintendent of Post Office, Manjeri. Ext.A6 : Cover from Superintendent of Post Office, addressed to complainant. Ext.A7 : Photo copy of the report dated, 10-12-07 by Secretary, Manjeri Municipality to 1st opposite party. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Ext.B1 to B10 Ext.B1 : True photostat copy of the request dated, 24-8-07 sent by complainant to 1st opposite party. Ext.B2 : True photostat copy of the report dated, 10-12-07 by Secretary, Manjeri Municipality to 1st opposite party. Ext.B3 : True photostat copy of the Identity Card of complainant. Ext.B4 : True photostat copy of the letter dated, 7-12-06 from Asst. Postmaster General(Vigilance) to Superintendent of Post Office, Manjeri. Ext.B5 : True photostat copy of the request dated, 12-9-07 sent by complainant to Superintendent of Post Office, Manjeri. Ext.B6 : True photostat copy of the enquiry report from Headmaster, HMSAUP School, Thurakkal to Postal Superintendent, Manjeri. Ext.B7 : True photostat copy of the enquiry report from Thresiamma.M.U., Retd. Headmistress, Arukizhaya, Manjeri to Postal Superintendent, Manjeri. Ext.B8 : True photostat copy of the cover from complainant to Superintendent of Post Office, Manjeri. Ext.B9 : True photostat copy of the letter from Asst. Superintendent of Post Office, Manjeri to Superintendent of Post office, Manjeri. Ext.B10 : True photostat copy of the certified copy of order No.R.P.No.986/96 dated, 2-12-1999 pronounced by National Consumer Disputes Redressal Commission, New Delhi. C.S. SULEKHA BEEVI, PRESIDENT E. AYISHAKUTTY, MEMBER




......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI