Date of Filing: 17/04/2015 Date of Final Order: 24/11/2015
The gist of the complaint as can be gathered from the case record is that the Complainant, Sri Sushil Kr. Das send one lawyer notice from Head Post Office, Cooch Behar to one Rita Das, D/o. Lt. Ganesh Deb, C/o. Sankar Deb residing at B.G. Colony, New Bongaigaon, Dist. Bongaigaon (Assam) through registered post with A/D vide No. B RW257382642, Counter No.2 on 11/10/2014. However, the Complainant did not get back the A/D Card even said Rita Das did not get any lawyer notice. After that on several times the Complainant went to the office of the O.P. No.1, Superintendent, Posts & Telegraph Dept., Head Post Office, Cooch Behar to know the status of the article in question which was sent by him but he did not get any satisfactory response from the O.P. No.1. On 30/12/2014 & 09/03/2015 the Complainant informed the said matter to the O.P. No.2, Head Post Master, Head Post Office, Cooch Behar by lodging written complaint but all are in vain.
Due to such activities of the O.Ps, the Complainant is suffering from mental pain & agony, pecuniary loss, negligence and unnecessary harassment. The O.Ps also adopted Unfair Trade Practice and they are liable to pay all damages and loss to the Complainant.
Finding no other alternative, the Complainant filed the instant Case No. CC/34/2015 with enclosed relevant documents before this Forum and prayed for direction to the O.Ps to pay (1) Rs.85,000/- as compensation for mental pain & agony, pecuniary loss, unnecessary harassment, negligence and deficiency in service and (2) Rs.13,000/- towards litigation costs, besides other relief(s) as the Forum deem fit, as per law & equity.
The O.P. No.1, Superintendent, Posts & Telegraph Dept., Head Post Office, Cooch Behar and the O.P. No.2, Head Post Master, Head Post Office, Cooch Behar have contested the case by filing their written version denying all material allegation of the complaint contending inter-alia that the Complainant has no cause of action to bring this case and the case is not tenable in the eye of law. The main allegation of the O.P. No.1 & 2, is that the Complainant only submitted a complaint to the Post Master, Head Post Office, Cooch Behar on 26/12/2014 and on receiving the complaint letter from the Head Post Office, Cooch Behar on 12/01/2015, it reveals that one website complaint was booked on that day. But the acknowledgement of the said complaint was returned being ‘Not Known’ from the New Cooch Behar S.O as no such addressee had been found there.
The main contention of the O.P. No.1 & 2 is that a reply to the application of the complaint dated 09/03/2015 was sent to him from the Post Master, Head Post Office, Cooch Behar. The article in question has been returned to Cooch Behar H.O on 27/11/2014. Cooch Behar H.O had tried to deliver the article but the beat post man did not found his address that was given on the article envelop and being ‘Redirected’ the article was sent to New Cooch Behar S.O. as some part of Shibjagyna Road lies under New Cooch Behar S.O and as the addressee i.e. Sushil Kr. Das was not found in that jurisdiction and the said article was returned to R.L.O (Return Letter Officer), Kolkata on 04/12/2014. Therefore, it is clear that there was no deficiency in service and negligence from the end of the O.Ps and they are not liable to pay any compensation to the Complainant as stated by him.
Ultimately, this O.P. No.1 & 2 prayed for dismissal of the case with compensatory costs.
In the light of the contention of the both parties the following points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.Ps any deficiency in service as alleged by the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully, perused the entire documents in the record also heard the argument advanced by the Agents of both the parties at a length.
Point No.1.
The Complainant sent a letter through Registered Post with A/D from the Opposite Party’s establishment and paid the actual fees. Thus, the relation of the Complainant with the Opposite Parties so established from the record we are convinced to hold that, the Complainant is a consumer under Section 2(1) (d) (ii) of CP Act, 1986.
Point No.2.
The office of the Opposite Parties is situated at Cooch Behar i.e. within the jurisdiction of this Forum. The complaint value of this case is far less than the prescribed limit. Thus, this Forum has every jurisdiction to try this case.
Point No.3 & 4.
Undisputedly, the Complainant sent a letter through Registered Post with A/D on 11.10.2014 from the Cooch Behar Head Post Office. It is the case of the Complainant that, said urgent letter is not reached to the addressee till filing of this case.
It is the case of the Opposite parties that, a reply to the application of the complaint dated 09/03/2015 was sent to him from the Post Master, Head Post Office, Cooch Behar. The article in question has been returned to Cooch Behar H.O on 27/11/2014. Evidently, the Complainant booked an article but the said article has been returned to Cooch Behar H.O. on 27.11.2014. The Cooch Behar H.O. had tried to deliver the article but the beat post man did not trace out the person in the given address and being “Redirected” the article was sent to New Cooch Behar S.O. and ultimately the article was returned to Return Letter Officer (RLO), Kolkata on 04.12.2014 as the addressee Sushil Kumar Das was not found in that jurisdiction for which there is no deficiency in service and negligence from the end of the Opposite Parties.
On giving a close look to the documents supplied by the opposite party Postal Department it appears that the Article being No. RW 257382642 IN reveals that the postal department tried best for delivering the article/letter to the addressee. The Track Report of India Post reveals that the disputed article was received by the Bongaigaon on 20.10.2014 and bag opened on that day again article Bagged on that day and dispatched to New Bongaigaon and New Bongaigaon received the same on 21.10. 2014 bag opened but not delivered though there is no non- delivery report. Ultimately, the said article returned to the Cooch Behar Head Post Office on 27.11.2014 and the cause of non-delivery appears “Beat Change”. It appears that the Postal Department tried best to give proper service for delivering the said article that was booked by the Complainant on 11.10.2014 but there is no whispering about return the article to the Sender.
Surprisingly, the Opposite Party in their W/V as well as W/Ar. Clearly stated that the article did not send to the Sender due to no such addressee was found. Peculiarly enough is that the O.P. filed a Xerox copy of the RL List 02/12 with an endorsement “No such person in my jurisdiction. Return RLO” but there is no Seal and proper signature of the concerned department/employee. Furthermore, the O.P. also filed a Xerox copy of envelope with endorsement of postal peon “Not Known” on several days. The Opposite party did not file any original documents also the statement in the W/V and the documents are not the same as to the allegation made by the Complainant in the complaint petition.
The Complainant files a certificate of Gram Panchayet that reveals, the Complainant is the permanent resident of East Khagrabari then why the postal peon did not trace out the Complainant, the reason best known to them. Be that as it may, it is fact that the Complainant sent an urgent legal notice to Smt. Rita Das at Bongaigaon related with his matrimonial dispute but the said article neither reached to the addressee nor returned to the sender, i. e. the present Complainant. The O.P. has taken several pleas against the allegation made by the Complainant but those are not tenable in the eye of law also the O.P. fails to substantiate the same by producing cogent documents. Besides, the Complainant proved that he is the permanent resident of East Khagrabari and there is no chance to find out him.
It is pertinent point to mention that main allegation of the Complainant is that a vital document sent by him through Registry post with A/D, has not been served to the addressee. However, we find that the O.P. Postal Department is quite mum on the point of non-service of the undelivered article to the sender i.e. the present Complainant.
In the light of foregoing discussion and the materials made available in the record we are convinced to hold that there is clear negligence and efficiency in service in the act and conduct of the Opposite Party for which the Complainant suffered huge mental pain and agonies must be compensated.
As a result, the complaint succeeds.
ORDER
Hence, it is ordered that,
The present Case No. CC/34/2015 be and the same is allowed on contest with costs of Rs.2,000/- against the O.Ps.
The Opposite Parties are directed to pay the Complainant Rs.5,000/- as a token compensation for their negligence act and deficiency in service. The Opposite Parties are further directed to pay the ordered amount jointly and/or severally to the Complainant within 45 days failure of which the O.P shall pay Rs.100/- for each day’s delay and the amount to be accumulated shall be deposited in the “State Consumer Welfare Fund”, West Bengal.
A plain copy of this order be made available and be supplied to the parties by hand/Registered post, free of cost with A/D.
Dictated and corrected by me.
Member President
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member Member
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
