Orissa

Rayagada

CC/101/2014

Sri Uma Charan Patnaik - Complainant(s)

Versus

The Sub Post Master - Opp.Party(s)

Self

27 Aug 2014

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

          AT:  KASTURI  NAGAR, Ist.  LANE,   L.I.C.OFFICE BACK PO/DIST: RAYAGADA ,  STATE:                                                                   ODISHA,  PIN  NO.765001,  PHONE/FAX                                                                                                                               NO.06856-223025.

                                                                               ....                                      

                                            C.C. Case  No..101/ 2014.

                                         Dated.  28^th August, 2014.                                 

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Smt. Ch.  Nirmala Kumari Raju, LLB,                    Member

Umacharan Patnaik, Advocate, Dash Lane, Balaramnagar, Gunupur, At/po Gunupur, Dist.Rayagada,                                                                                                                                                                                                                                                                                                                                                        ……Complainant

                                                            Vrs.

1.         Sub-Post Master, Marathiguda Branch Post Office, At/Po Gunupur, Dist.Rayagada.

2.    Sr. Superintendent of Post Offices, At/po Jeypore, Dist.Koraput

                                                                                                 …. Opp. Parties

                                                                                                                                       

Counsel for the parties:

For the complainant: In Person

For the O.Ps:  Expartes

 

                                                            JUDGMENT

1.                     The grievance  of the complaint  in short is that,  the complainant  is an advocate by profession and during course of his professional activities he had issued four registered notices to Sri Gouri Prasasd Misra of  Old SBI Street, Gunupur and Tahasildar, Gunupur numbering two registered notices to each of them with  Acknowledgement due vide Postal receipt No.AR 0509124045IN and AR 0509124054  dt.15.02.2014  to Gouri Parasd Mishra and vide AR 0509124068IN  and AR 0509124071IN dt.15.02.2014 to Tahasildar, Gunupur.  The said notices were sent by registered post with A.D. but the A.Ds are not received by the complainant till date  for which the complainant remained dark till date whether the registered notice delivered to the respective persons or not. It is further submitted by the complainant that due to the negligent ats of the opposite parties the complainant has undergone lot of mental torture and for no fault  of his he is becoming answerable to his clients and the court of civil procedure he could not able to produce the same.  For the negligence in service of the opposite  parties, the complainant claims damage of Rs.40,000/-  for mental agony and further he claims Rs.50,000/- for the deficiency in service  by the Opp.Parties and   hence this case.

 

 2.                    After receipt of notice the opposite parties several opportunities neither appeared before this forum nor feel it necessary to file any written version  as such they were set exparte on 23.07.2014. where the Ops on recipe of complaint referred to him that , they denies or disputes the allegations contained in the complaint or omits of fails to tape any action to represent their case within the time given by the forum shall proceed to settle the consumer dispute in the manner specified U/s 13(1)(b). Admittedly the Ops are the statutory authority as per Article 12 of the constitution. Being a statutory authority to stall the need of the general public for such consideration amount has paid, failed to discharge their statutory duties. Hence there are negligent / deficient in their services.   In the aforesaid   facts and circumstances, it is clear that the opposite parties deliberately neglecting to return the acknowledgement   for which the professionals like complainant are suffering due to negligence act of the opposite parities. In the instant case, the complainant being an advocate by profession, due to the negligent act of the opposite parties suffered a lot by not getting the   ADs which is most essential for an advocate  to keep as a token of proof of service of notice. In absence of any written version from the opposite party we heard   the matter exparte and believed the averments of the complainant.

3.         Hence in this case the Ops utter disagreed not filed the counter. In absence of the Ops or preventative of Ops the order made as such. It is held and reported in 2008(I) C.P.R-Page-125 that, when several opportunities were given by the District forum to Ops but they not choose and remain absent on those dates and accordingly Ops were set exparte.                                             

                Hence, keeping in mind the dignity of an advocate , we feel to   impose exemplary  costs  and compensation  on the opposite parties, so that to make them correct in their public duties they will not repeat the mistakes  in future.

               There are ample materials available in support of the complainant “Prima-facie” warranting to issue the order.

               Hence we passed the following order and dispose of the matter with the following directions.

                                                              ORDER

                        The  opposite parties  are directed  to pay a monetary  compensation of Rs.60,000/- towards frustration  and mental agony  caused to  complainant due to their inaction which includes cost of litigation,  within thirty days of receipt of this order  failing  which  they are liable to pay penal interest @ 12 p.a. on the awarded amount till its payment. The complainant may proceed against the Ops if the order is not compiled as required U/s 25 and 27 C.P.Act

                        Pronounced in open forum today on this 27^hday of August,2014 under the seal and signature of this forum.

                        A copy of this order as per the statutory requirements be forwarded to the parties    free of charge.

 

            Member                                                                                               President

Documents relied upon:

By the complainant:

1. Xerox copy postal receipts.

 

By the Opp.Party: Nil

 

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