Present         (1)      Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                President

                    (2)      Sri Sheo Shankar Prasad Singh,

                              Member

                    (3)      Smt. Karishma Mandal

                              Member                 

Date of Order : 17.07.2015

                    Smt. Karishma Mandal

1. In the instant case the Complainant has sought for following reliefs against the Opposite parties:-

1. To adjucate and pass a reasoned judgment and order/decree after hearing the parties in favour of the consumer-complainant and against the opposite parties, directing the opposite parties to pay as Rs. 4,99,999/- ( Rs. Four Lac Ninety Nine Thousand Nine Hundred and Ninety Nine only ) as exemplary compensation including costs of this litigation and hearing of the present case to the present consumer-complainant from the pockets of the opposite parties as soon as possible in the interest of justice.

2. Brief facts of the case which led to the filing of complaint are as follows:-

1. The complainant had received a prospectus with admission form on payment of Rs. 500/- ( Rs. Five Hundred only ) from Adwaita Mission Training College, Mandar Vidyapeeth, Banka, Bihar for appearing in the Entrance test for B. Ed course ( session 2008-09 ) for which the last date for submission of application form was 05.06.2008 ( 4 P.M. ). The complainant is an unemployed girl.
2. The complainant had sent through speed posted duly filled up “ Admission Form Vide Form No. 429 ” for appearing in the Entrance test for B . Ed course ( session 2008-09 ) ” under cover with A/D on 02.06.2008 from Bankipore H.O. Patna 800004 to the Secretary, Mandar Vidyapeeth , Banka, Bihar Pin Code – 813104 vide postal receipt No. SPEF010700585 IN dated 02.06.2008 on payment of Rs. 25/- ( Rs. Twenty five only ). ( Vide Annexure – 1 )
3. Thereafter the same speed post letter was returned back to the complainant at her home address due to postal mistake, which was not received by the complainant and then the Local Postmaster of Maranchi B.O. ( Hathidah S.O. ), Patna 803301, issued a certificate dated 13.06.2008 to the complainant stating therein that the said speed posted letter was sent on 05.06.2008 to its destination i.e. to the Secretary, Mandar Vidyapeeth,Banka, Bihar, PIN CODE – 813104. ( Vide Annexure – 2 )
4. The last date for submission of the aforesaid Admission Form was 05.06.2008 ( 4 P.M. ) which was failed due to postal mistake and the said speed post letter did not reached to its destination within time i.e. till 05.06.2008 ( 4 P.M. ). Thus, the complainant fell in irreparable loss, injury, mental agony as well as physical harassment in this matter. It is stated that from 02.06.2008 to 05.06.2008 there were four days in hand to deliver the speed posted letter to its destination which is not very far from Patna. ( Vide Annexure – 3 )
5. The aforesaid speed post letter has not been returned back again to the complainant and it is expected that the same letter was received by the concerned person/Institution after too late which is no use to any body. The said Institution has not informed to the complainant in this matter as yet.
6. The complainant is entitled for payment of exemplary compensation as Rs. 4,99,999/- (Rs. Four Lac Ninety Nine Thousand Nine Hundred and Ninety Nine only ) including costs of this litigation and hearing of the present case.

Perused the case record and heard the learned counsel for the complainant only. Neither the opposite parties filed written statement nor they appeared in this case.

The brief fact of the case is that the complainant sent the application form for appearing at the entrance test for B. Ed with acknowledgement post office addressed to the Secretary, Mandar Vidyapeeth, Banka, Bihar vide postal receipt no. SPEF010700585 IN. But the same returned back at home address due to postal mistake but was not received by the complainant and thereafter local Post Master, Maranchi Branch office ( Hathidah S.O. ) Patna issued the certificate on 13.06.2008 stating therein that the speed post letter was sent on 05.06.2008 to its destination.

The last date for submission of form before the authorities concerned was 05.06.2008 ( 4 P.M. ) but the letter received to the addressee after the due date.

The complainant submits that the letter was posted on 02.06.2008 and reached its destination on 06.06.2008.

It is worth mentioning to quote Section 6 of Indian Post Office Act. 1978 (Annexure-A/4) which reads as follows:-

“Exemption from liability for loss, misdelivery, delay or damage:- The [Government] shall not incur any liability by reason of the loss, misdelivery 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, misdelivery, delay or damage, unless he has caused the same fraudulently or by his will full act or default”.

In this case there is no documentary evidence to show that the loss of Speed Post has been caused by any wilful conduct of the Postal Authorities and thus charge of deficiency on the part of opposite parties fail.

For the reason stated above, We do not find any merit in the complaint petition and as such this complaint petition is dismissed but without any cost.

                                               Member(F)                          Member                                          President