IN THE COURT OF 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

        KAMALPUR, DHALAI TRIPURA

 

                          PRESENT

                SRI. S. DEO SINGH

                         PRESIDENT

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

        KAMALPUR, DHALAI TRIPURA

                            &

       Sri Hiralal Debbarma

                 (Member)

                        &

            Smt. Dipali Sinha

                  (Member)

 

  CASE NO. 03 CC KMP  OF 2022

 

                                          

Sri. NABENDU DATTA

S/O Sri. Nagendra Chandra Datta,

 Resident of Duraichara,

P.S.:-Kamalpur, P.O.:- Airport, Ghati,

District:- Dhalai, Tripura 799285.………Complainant.

 

V E R S U S

 

The Sub-Post Master,

 Kamalpur Sub- Post Office,

Kamalpur, Dist- Dhalai Tripura......…........Opposite Party.

                                                                

 

                    C O U N S E L S

 

 

        Counsel for the complainant   :   Mr. Aminul Haque     ............Ld. Advocate.

        Counsel for the Opposite Party :   Mr.  Bibhash Chakraborty …....... Ld. Advocate.

 

     

  Date of institution of the case            :    29.01.2022.

  Date of hearing final argument          :    06.01.2023. 

  Date of pronouncement of Judgment :    31.01.2023.

 

 

                                          J U D G E M E N T

 

1.      This instant case was instituted on the basis of complaint filed by one Mr.  Nabendu Datta, S/o. Nagendra Ch. Datta of PO Airport Ghati, P.S Kamalpur Dhalai under Consumer Protection Act, 2019.

 

2.    The instant complaint case in short is that the complainant is a Dentist having a Private chamber at Halhali, Kamalpur. He had made online booking of some laboratory items from Ahmedabad for laboratory use, through speed post. It was shown in track record that the item has been received in Halahali Post office on 22/09/2021. Thereafter, he enquired with the Halahali Post Office but they were telling him to delivered it today or tomorrow but not delivered for long time. On 30.09.2021 complainant asked Halhali Post Office in writing about the matter but they did not satisfy him. Lastly the complainant  approached the Superintendent of Post, Dharmanagar vide letter  dated 07/10/2021 with a specific complaint. There after on 15.11.2021 the Superintendent of Post, Dharmanagar informed him that on 17.09.2021 there was a theft Case at Halhali Post Office and his articles were also stolen. His parcel number was EG315422025IN. Thereafter the complainant approached this commission for loss of his Laboratory articles costing of Rs.39,500/-(Rupees Thirty Nine Thousand Five Hundred) only with interest, Rs. 50,000/- compensation for deficiency in service and Rs. 50,000/- for harassment.

Being dissatisfied and aggrieved with the service of OPs, the Complainant filed this Complaint Under Consumer Protection Act, 2019 claiming return of value of articles, postal charges, interest, cost of litigation apart from compensation of Rs.50,000/- for harassment and mental agony.

 

3. On receipt of notice the OP appeared before this forum and submitted his reply in form of WS. It is specific contention of OP that on enquiry it was found that speed post article No.  EG315422025IN was received from National Sorting Hub, Agartala HO. (NSH, Agartala) at Halhali Sub Post Office on 16.09.2021 afternoon. Further his specific contention that there was theft occurred at Halhali Sub Post Office.

 

4. It is contended by OP that there was a theft occurred at Halahali Sub Post office in the intervening night of 16.07.2019. The said Speed Post Article was also torn /mutilated / perforated by the miscreants(s) and it was subsequently seized by the Sub-Inspector of Police namely Sri Pradip Kumar Debbarma of Kamalpur Police Station on 17.09.2021.

 

5. Sri Navendu Datta, the complainant was informed by the Superintendent of Post Offices, Dharmanagar Division, Dharmanagar Vide letter No. CCC/DNR/ EG315422025IN dated 12.01.2022 that the empthy wrapper/ Packet of the said Speed Post Article was seized by the Police Authority and he was requested to intimate the 'sender' of the Speed Post Article to submit a claim for admissible compensation at the booking post office along-wtih the original  booking-receipt.

 

6. The said Speed Post Article was received at Halhali Sub Post Office on 16.09.2021 afternoon and by that time invoicing of all the deliverable articles received upto 12:00 hours were already done. Hence, the bag containing the Speed Post Article was not opened on 16.09.2021. As the delivery of the article contained in the Speed Post Bag was not possible on 16.09.2021 itself, the Bag was not opened in the intervening night of 16/17.09.2021 and the miscreant(s) opened the bag and the articles. Halhali Sub Post Office is in no way responsible  for the loss.

He also placed relevant laws in his pleading as well as submitted photocopy of some documents relevant to the instant case. 

It is further contention of the OP that registered parcel was uninsured and complainant is not eligible for any compensation as per section 33 of India Post Office Act, 1898 and lastly contended that there is no deficiency of service on their part and complaint is liable to be dismissed in lamine. 

 

7.  Following issues were framed on 04.07.2022 by this forum:

ISSUE POINTS TO BE DETERMINED 

i. Whether the complaint is maintainable in its present form and nature?

ii. Whether there is any cause of action or not?

iii. Whether complainant is entitled to compensation or not, if yes to what extent?

 

8. Evidence adduced by parties:

Complainant examined himself as PW 1 and  produce one witness namely Miss Sonali Gour who was examined as PW 2 and witnesses were accordingly cross examined. PW 1 submitted some documents which were marked exhibits which as follows: 

Exhibit 1-  Original letter issued by Dharmanagar, Postal Division, Department of Post Office,  India   vide No. CCC/DNR/EG315422025IN/2021 dated 15.11.2021 regarding non delivery of speed post Article bearing No. EG315422025IN

Exhibit 2-  Original application copy addressed to Sub-Postmaster, Halhali, Dhalai Tripura regarding seeking for lost parcel dated 30.09.2021

Exhibit 3-   Original letter issued by   Dharmanagar, Postal Division, Department of Post Office,  India reference No. F-VII/DNR/2021-2022 dated 12.10.2021 in two pages

Exhibit 4-  Original bill issued by Chamunda Ortho Dental Lab bill No. 1026 dated 07.09.2021.

In the instant case OP declined to adduce evidence on his behalf. 

 

9.  ARGUMENT 

Ld. counsel for the complainant submitted that complaint booked his laboratory articles amounting to Rs. 39,500/- through speed post which was not delivered to him and shown by the OP as stolen. It is further submitted by Ld. counsel that OP is duty bound to return the said articles or to make the goods loss. He also submitted that complainant approached various authority and after being harassed he finally approached before this forum for redress of his grievances and under the facts of case he is entitled to compensation for his harassment and mental agony. 

On the other hand Ld. counsel for the OP submitted that the instant case is not maintainable in its present form and nature though OP is having complete immunity from prosecution as per relevant statute. Ld. counsel prays for dismissal of instant complaint. 

 

10 .             DECISION AND REASONS FOR DECISION:-

 

  Before going to decide other issue or issues separately or simultaneously, it is necessary to decide Issue No. 1. Hence Issue No.1 is taken up for discussion and decision.

       We have gone through the pleadings of both parties.  Complainant in his complaint as well as examination in chief on affidavit specifically stated that complainant had made online booking of some laboratory items from Ahmedabad for laboratory use, through speed post. It was shown in track record that the item has been received in Halahali Post office on 22/09/2021. It is also apparent that complainant is resident of Airport, Ghati P.S Kamalpur Dhalai and at present he is  residing under the jurisdiction of this Forum and the O.P has also its office at Kamalpur and as such this Forum has jurisdiction to try the instant case. In this regard I may refer to the provision of Section 34 Of Consumer Protection Act,  2019 which read as follows:-

Jurisdiction of the District Commission-  

  1) Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration one crore rupees. and the compensation, if any, claimed ( does not exceed Rupees Twenty Lakh).

  2)  A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,-

   a) are more than one, at the time of the institution of the complaint, actually and voluntarily resides or (carries on business or has a branch office or) personally works for gain, or 

   b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or (carries on business or has a branch office), or personally works for gain, provided that in such case either the permission of the District Commission is given, or the opposite parties who do not reside, or (carry on business or have a branch office), or personally work for gain, as the case may be, acquiesce in such institution; or 

      c) the cause of action, wholly or in part, arises.

      d) the complainant resides or personally work for gain.

Further Section 69 Consumer Protection Act, 2019 Provides limitation period for filing Complaint. According to this Section complaint should be filed within 2 years of arising of cause of action.

As per above provision we find that this Forum has jurisdiction to entertain the complaint of the complainant and to adjudicate the matter according to law. 

 

11. During evidence PW 1 examined himself and also examined one witness Miss Sonali Gour  and submitted some  documents which has been marked exhibit accordingly. PW-1 in his examination-in-chief has deposed what has been stated by him in his complaint petition. The following are specific extract of his cross-examination. 

PW 1 admitted that he did not inform the sender of article about the missing of theft of his parcel in writing but he orally informed the matter to him. Further PW 1 admitted that he  did not receive any letter send by Dharmanagar, Postal Division, Department of Post Office,  India dated 12.01.2022 and he  did not make  Union of India as a party. In cross examination he also admitted that his postal article was not insured and he  did not make  insurance of postal articles. Further PW 1 admitted that he  did not make / produce Chamunda Ortho Dental Lab  situated at Ahmedabad, Gujarat as a witness and he  received a letter from Dharmanagar, Postal Division, Department of Post Office, India regarding initiation of police case in respect of theft of postal article. 

 

12. Before going to appreciate evidence adduced by the complainant, we have to decide the matter further on maintainability ground as framed in Issue No.1. Now we will decide whether O.Ps are exempted from any liability U/S 6 of the India Post Office Act, 1898. Section-6 of the India Post Office Act, 1898 states as follows:- ''Exemption from liability for loss, mis-delivery, delay or damage - the (Government) shall not incur any liability by reason of the loss, mis-delivery or delay of, or damage to, any postal article in course of transmission by post, except in so far as such liability may in express terms be undertaken by the Central Government as hereinafter provided; and no officer of the Post Office shall incur any liability by reason of any such loss, mis-delivery, delay or damage, unless he has caused the same fraudulently or by his willful act or default.''

We have gone through the judgment passed by the Hon'ble National Consumer Disputes Redressal Commission which is decided in Revision Petition No- 986 of 1996 by a larger bench and subsequently in the following cases:-

1. 2002 SCC Online NCDRC 38 ; [2002] NCDRC 38.  

2. 2012 SCC Online NCDRC 192 : [2012] NCDRC 192 ;             (2012) 2 CPJ 427 (NC) ; (2012) 2 CPR 338 (NC),

3. 2018 SCC Online NCDRC 1199

4. 2018 SCC Online NCDRC 1806.

In all of the above Judgment  it was held that the law is well settled by a long line of decisions of the English Courts, the Supreme Court of India and the High Courts as well as the National Commission itself, that Section- 6 gives complete immunity to the Government and its employees except in the case specified therein. We see no reason to depart from this well established principles. In our view this decision is clearly applicable in the instant case. So, we are in the opinion that the complaint is not maintainable in law. Accordingly we decide the issue no. 1 in the negative. Though the complainant is entitled to receive compensation to the extent of double the amount of  speed post charges or Rs. 1000/- whenever is less under Section 6 of Indian Post Office Act read with Rules 66B of India Post Office Rules, 1933.

 

13.                ISSUE NO. (ii)  & (iii):-

 

In view of the decisions arrived at issue no. (i), there is no necessity to decide these remaining issues.

 

 

In view of the decisions arrived at issue no.(i), we are in the opinion that the complaint is not maintainable in the eye of law. Hence, the complaint is dismissed without cost. However, the OP is directed to remit the double of Speed Post/Registered Post charges of parcel to the complainant with interest of 12% per-annum from the date of filling of this complaint petition or Rs. 1,000/- (Rupees one thousand ) only which ever is less. 

 

15. Supply copy of this judgment to both the parties free of costs.

16. Thus, the case is accordingly disposed of on contest.

17. Make necessary entry in the T/R.

 

 

                                    _A_N_N_O_U_N_C_E_D_

Typed to my dictation 

and corrected by me.

 

 

 

                (S. Deo Singh)                                                 (S. Deo Singh)

                    President                                                           President

      District Consumer Disputes                                  District Consumer Disputes

      Redressal Forum, Kamalpur                                Redressal Forum, Kamalpur

                                                                                                    

                       

 

 

            (Sri H. Debbarma)                                                   (Smt. D. Sinha)

                    Member                                                                 Member

      District Consumer Disputes                                     District Consumer Disputes

    Redressal Forum, Kamalpur                                     Redressal Forum, Kamalpur