DATE OF FILING: 19.08.2017.
DATE OF DISPOSAL: 26.06.2018
Sri Karuna Kar Nayak, President.
The complainant Sasibhusan Patro has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties ( in short the O.Ps) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that on 23.06.2016 he sent some articles for delivery to his son Rajesh Kumar Patra, House No. 191 (1st Floor) near Mother’s Diary Rameswar Nagar, Azadpur, New Delhi 110033 containing valuable life saving medicines and one sporting banyan(gents) worth of Rs.9,305/- through O.P.No.1 vide reference No. E06700443981N on dt.23.06.2016. But to the utter surprise and mis-fortune of the complainant till date in spite of repeated request and demand and several correspondences, the O.Ps failed to deliver the said parcel either to his son Rajesh Kumar Patro or return back to the complainant. As such the O.Ps knowingly and intentionally violated the terms and conditions and also failed to the maximum extent in rendering the service and thereby they are liable for deficiency in service. In the parcel so sent to Rajesh Kumar Patro the addressees are given specifically visible and readable alongwith its mobile number. The Department of post of India vide its letter No. 100070-57886 dated 24.10.2016 on receipt of complainant said to settle the complaint for an amount of Rs.92/- only with a remark in the said letter “The article has been not trace out as reported by Delhi North Division, so you may prefer for ex-gratia compensation for lost of articles. The said letter alongwith the receipt of speed post and medical receipt containing number 5, complaint petition which was received by the Postmaster, Chikiti (O.P.No.2) on dated 7.11.2016 another letter received on 25.07.2016 and the letter vide No.100070-57886 dated 24.10.2016 . Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to refund the cost of medicine of Rs.8005/- and compensation for mental agony of Rs.20,000/- in the best interest of justice.
3. Upon notice the O.Ps filed version through his advocates. It is stated that the averments made in the complaint petition are all not to the knowledge of the O.Ps. It is a fact that Sasibhusan Patra, the complainant had booked a speed post parcel on 23.06.2017 bearing No. EO-670044398 IN to be delivered at Rameswar Nagar, Azadapur, New Delhi-110033 to Rajeswar Kumar Patra has paid Rs.92/- by way of postages stamps affixed on the said speed post parcel. By posting a speed posts parcel or handing over the parcel at the post office for transmission to the addressee, the sender does not enter into any contract with the Postal Department of Government of India. The sender avails a service statutorily provided by the Government and the Government does not incur any liability for loss or misdelivery of the articles U/S 6 of Post Office Act. The O.Ps are not aware of the contents in the said speed post parcel and the price of the said articles as stated in para-1 of the petition. When the complainant booked the speed post parcel of costly materials, he should have insured the speed post parcel for value of the articles which has been provided under the post office Act. The said complainant has not insured the speed post parcel at the time of booking as provided under the post office Act. The complainant should have insured the speed post parcel with a note on the cover “Valuables insured” against the risk of loss or damage in course of transmission by post. The O.Ps are not aware about the contents in the said parcel nor aware about the prices of the articles as stated in the complaint petition. The medical bills filed by the complainant are created for the purpose of filing of the case. It is submitted that as per Section 6 of the Indian Post Office Act, the Government shall not incur any liability by reason of loss, misdelivery or delay or damage to any postal articles in course of transmission by post and no office of the post office shall incur any liability by reason of any such loss, misdelivery, delay or damages, unless he has caused the same fraudulently or by his willful act or default. It is true that postage stamps have to be affixed for booking of the article, but that is for augmentation of government revenue. It is not in the nature of a price paid for service. That no contract was entered into between the sender and the post office while booking the parcel. The complainant had made a complaint about the status of speed post parcel booked by him on 25.07.2016. He has been informed by the Senior Post Master, Berhampur-1 on 24.10.2016 that the said speed post parcel has been not trace out as reported by Delhi North Division and has been requested to claim proper ex-gratia compensation for lost of articles as per norms prescribed by the Departmental of post. On loss of the speed post parcel, the compensation to be paid is double the speed post charges or Rs.1000/- whichever is less is to be paid by way of compensation as prescribed by the Government of India. The complainant is entitled only double the charge of speed post charge i.e. only Rs.184/- towards the loss of the articles as prescribed by the Government of India. The complainant has not insured the speed post parcel and as such the complainant is not entitled to the amount as claimed in the complaint petition. As per provision the complainant is only entitled for double the cost of the speed post charges i.e. Rs.184/-for the loss of the speed post articles. There is no deficiency of service by the O.Ps at all as alleged by the complainant. In this connection this O.P. relies upon the judgment passed by the National Commission which has been reported in 2011 (C.J.) National Commission, page 695. It has been held by the National Commission that section 6 of Post Office Act grants complete immunity to Government of liability for loss, damage or misdelivery or delay to postal articles. Hence the O.Ps prayed to dismiss the complaint petition in the interest of justice.
4. On the date of hearing of the consumer complaint learned counsel for the O.Ps was present. The complainant was absent but he had filed a petition on 07.05.2018 stating therein to decide the case on merit. Perused the complaint petition, written version, written argument and documents placed on the case record. It reveals from the case record that the speed post article of the complainant was not insured which was sent by the complainant to his son Rajesh Kumar Patra, House No. 191 (1st floor)near Mother’s Diary, Rameswar Nagar, Azadpur, New Delhi-110033 vide No.E0670044398 IN dated 23.6.2016. It is pertinent to mention here that the complainant’s speed post article’s loss came to the knowledge of the O.Ps Prior to 24.10.2016 as such through letter No.100070-57886 dated 24.10.2016. O.P.No.1 issued letter to the complainant stating therein that the articles has not been traced out as reported by Delhi North Division but the O.Ps did not send/remit any compensation amount to the complainant as prescribed by the Postal Department of Government of India for which the complainant compelled to file this case.
5. On foregoing discussion and observation of the aforesaid citation, we hold that the O.Ps are negligent in rendering proper service to the complainant. Hence, in our considered view there is deficiency in service on the part of O.Ps.
6. In the result, the complainant’s case is partly allowed on contest against O.Ps. Both the O.Ps are jointly and severally liable as such they are directed to pay Rs.184/- as ex-gratia compensation towards the cost of the article as prescribed by the Postal Department of Govt. of India and Rs.2,000/- as compensation alongwith Rs.2000/- towards cost of litigation to the complainant within one month from receipt of this order, failing which all the dues shall carry 14% interest per annum.
The order is pronounced on this day of 26th June 2018 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
