OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.25/15
Present:-
1) Md. Sahadat Hussain, A.J.S. - President
2) Smti Archana Deka Lahkar -Member
3) Md. Jamatul Islam - Member
1) Smti Aruna Jhawar - Complainant
S/O Sri O.M.Mahesree
15, S.K.Barua Road
Third Bylane (East)
Rukmininagar
P.O.Assam Sachivalaya
Guwahati-781006, Kamrup, Assam.
2) Sri O.M.Mahesree, IAS (Retd),
15,S.K.Baruah Road,
Third Bylane (East)
Rukmininagar
P.O.Assam Sachivalaya
Guwahati-781006, Kamrup, Assam.
-vs-
1) Union of India, Represented by - Opp parties
Sr.Superintendent of Post Offices,
Government of India, Guwahati Division
Meghdoot Bhavan Third Floor
Guwahati- 781001
2) Sr.Superintendent of Post Offices,
Government of India, Guwahati Division
Meghdoot Bhavan Third Floor
Guwahati- 781001.
3) Post Master i/c
Airport S.O.Post Office
Borjhar Airport
Guwahati- 781015
4) Post Master i/c
Assam Sachivalaya Post Office
P.O. Assam Sachivalaya
Guwahati- 781006
5) Post Master i/c
New Alipore Post Office
Kolkata-700053 : West Bengal
Appearance:-
Ld.advocate Mr.O.M.Mahesree (Complainant No.2) for both the complainants and Ld.advocate Mr.H.Gupta for Opp.Party No.1 to 4.
Date of oral argument- 07.03.2018
Date of judgment - 22.03.2018
JUDGMENT
This is a complaint U/S- 12 of the Consumer Protection Act, 1986.
1) The complaint filed by Mr.Aruna Jhawar and Sri O.M.Mahesree against (1) Union of India represented by Sr.Superintendent of Post Offices, Government of India,Guwahati Division,Meghdoot Bhawan, Guwahati-1 (2) Sr. Superintendent of Post Offices, Government of India,Guwahati Division, Meghdoot Bhawan, Guwahati-1 (3) Post Master i/c Airport S.O.Post Office , Borjhar Airport, Guwahati-15 (4) Post Master i/c Assam Sachivalaya Post Office,P.O.Assam Sachivalaya, Guwahati-6 and (5)Post Master i.c, New Alipore Post Office, Kolkata-700053,West Bengal was admitted on 7.4.15 and notices were served on them and Opp.Party No.1,2,3,4 & 5 filed joint written statement on 18.5.15 and the case against Opp.Party No.5 is proceeding on exparte vide this Forum’s order dtd.7.4.16. Both the complainants filed their evidence on affidavit by the complainant sides prayed for directing Opp.Party No.1 to 4 to file questionnaires and that was allowed and accordingly Opp.Party No.1 to 4 filed questionnaires which is both the complainants replied back. Thereafter at the state of evidence of the opp.parties, Opp.Party No.1 to 4 side is closed on 7.6.17. Thereafter, Ld.advocate Mr.O.M.Mahesree filed written argument for both the complainants and Ld.advocate Mr.H.Gupta filed written argument for Opp.Party No.1 to 4 and thenafter, on 7.9.18 both of them forwarded their oral argument for and behalf of their parties and accordingly, we fixed 22.3.18 for delivery of judgment which is as below.
2) The complainant’s case in brief is that Complainant No.1 Smti Aruna Jhawar sent the Registered Parcel by Air Mail to Complainant No.2 on 16.2.2015 from New Alipore Post Office (Kolkata-700053) on full payment of postage and she was given a computer generated receipt vide Annex.1 and the parcel contained a woolen sweater and medicine meant for her own father and hence she requested the parcel authority to effect urgent delivery of the said parcel to her father (Complainant No.2), but the parcel did not reach Complainant No.2 till 25.3.2015 and then she, on 26.2.2015, being compelled, approach New Alipore Post Master with a written complaint which was duly registered by Post Master , vide Complaint No. 700053-0278 dtd. 26.2.15, New Alipore Post Master and Annex.2 is the said complaint. She was advised to visit them after five or six days declaring that complaint has been put online and result was to be known by them and she was also told that the said parcel was sent to Guwahati on 17.2.2015 as per record of the post office. After constant touch over the phone regarding the fate of the said parcel, she, on 4.3.2015, again approach New Alipore Post Master and on that day she was given a print out showing the movement of the parcel taken out from internet, which showed that the parcel concern was re-directed by Guwahati-6 (Assam Sachivalaya Post Office) on 27.2.2015 by Opp.Party No,3 and then she informed Complainant No.2 over phone and also contacted Assam Sachivalaya Post Office and came to know that the said parcel did not reach the destination as said. The percel information of non-receipt of the parcel was given to Alipore Post Office again. But she was advised to come after two or three days and she on 7.3.2015 again approach Opp.Party No.5 and that time also she was given a print out showing the track enhance and on 7.3.2015 which is revealed that after booking of the parcel on 16.2.15 at 16:10:03 hours in New Alipore Post Office it was dispatched to Guwahati on 17.2.15 at 13:7:17 hours from PH KOLKATA and the same was sent to Assam Sachivalaya Post Office on 4.3.15 at 20:14:27 hours from Guwahati she again contacted Complainant No.2 over phone and informed him about the date of dispatched contained in the said print out (Annex.4) and the latter came to know from Opp.Party No.4 that the parcel has been received in the said post office in the morning of 7.3.15 and finally the parcel was delivered to him on that day at 1330 hours. On receipt of the parcel by Complainant No.2 it was noticed that the parcel was well marked to be sent by air and thus, the Annex.4 showing the track events with parcel it reached Guwahati Post Office on 17.2.2015 is vindicated still further and outer cover of the parcel showing the required materials particulars are in Annex.5. After close reading of Annex.3 and 4, it is found the parcel was lying unattended and uncared from 17.2.2015 to 27.2.2015 and it also reveals that a factually wrong information was given by Annex.3 regarding dispatching of parcel to the Assam Sachivalaya Post Office. The delivery of the parcel received in Guwahati on 17.2.2015 was inordinately delayed because of gross negligence and uncaring attitude of the opp.parties and therefore, they are jointly and severally liable. Besides, submission of mis-leading track events clearly indicate the nature of deficiency of service on the part of the opp.parties and in result of such deficiency of service the complainant had to suffer from mental agony and therefore, both the complainants are entitled to get compensation of Rs.10,000/- each for such deficiency of service.
3) The gist of the pleading of the Opp.Party No.1 to 4 is that the complaint is not maintainable in the present form; the complaint is wholly mis-conceived and groundless; the complaint is non-est, null and void; this forum has no jurisdiction as cause of action arosed in Alipore Post Office, Kolkata. This forum has no jurisdiction having it is not a consumer dispute and it is a dispute to exclusively triable by several court. The complaint does not fall within the meaning of “Complaint” nor does it fall within the meaning of “deficiency of service”. No harm is caused to the complainant. The goods were duly delivered to Complainant No.2. The case relates to registered parcel No. CW022619325IN booked on 16.2.15 from New Alipore Post Office , Kolkata-700053 wherein the complainant alleged gross negligence and uncaring attitude making Senior Superintendent of Post Office, Guwahati Division as the First Respondent in the instant consumer case. The article, Registered Parcel No. CW022619325IN was booked on 16.2.15 from New Alipore Post Office , Kolkata-700053 and as per India Post Website Tracking report Kolkata PH i.e., parcel Hub dispatched the Registered Parcel to Guwahati RMS on 17.2.15. Thereafter, on 04.03.15 Guwahati RMS dispatched the parcel bearing No. CW022619325IN to Assam Sachivalaya Post Office vide bag No. CB0000747659 dtd. 04.03.15. The article was actually received in Assam Sachivalaya Post Office on 07.03.15 and the same was delivered in good condition to addressee Mr.O.M.Mahesree of S.K.Baruah Road, 3rd Bye-Lane (East), House No. 15, Rukmininagar, Guwahati-781006. The print out given to complainant relates to web complaint No. 700053-00278. It shows remark of Guwahati Airport SO to redirect to Assam Sachivlaya Post Office as the delivery jurisdiction of the article No. CW022619325IN booked on 16.2.15 from New Alipore Post Office , Kolkata-700053 comes under Assam Sachivalaya Post Office. Hence , the complainant was wrongly transferred to Airport SO and Guwahati Airport only forwarded the complaint to the actual delivery office by redirect /transfer for necessary updation. As reported by Assam Sachivalaya Post Office the parcel did not reach the office by 4.3.15. It reached destination Post Office on 7.3.15 as evident from Annex.1 of the complaint petition. The parcel did not reached Assam Sachivalaya Post Office on 4.3.15, but reached the said Post Office on 7.3.15. Although the article was shown to send Assam Sachivalaya Post Office on 4.3.15 at 20:4:27 hours from Guwahati RNS, but it actually reached the said post office on 07.03.15 and Assam Sachivalaya Post Office delivered the said parcel to Complainant No .2 on 17.03.15 at 13:30 hours and at 15:47:01 hours the delivery information was update through system to show online and hence no delay in delivery is to be found in this regard. For the period from 17.2.15 to 27.02.15 the first Respondent as Senior Superintendent Post Office , Guwahati division was nowhere related to the delivery or custody of the article under reference as the article reached from the Guwahati RMS to Assam Sachivalaya Post Office on 7.3.15. No information was given to mislead to the complainants and no delay occurred at the end of delivery post office was Assam Sachivalaya Post Office which comes under administrative control of first respondent to make him liable for gross negligence and uncaring attitude . They committed no deficiency of service and complainants are not entitled to any relief as prayed and the complaint is liable to be dismissed under section 26 of the Act.
4) We have perused both sides pleading as well as their evidence and found that both sides admit that, the complainant No-1namely Smt Aruna Jhawar had sent a registered parcel by air mail to complainant No-2 Shri O.M.Mahesree on 16/02/2015 from New Alipore port office Kolkata on full payment of parcel charge and the said parcel contains woolen sweater and medicine meant for complainant No-2 but the said parcel did not reach complainant No-2 within reasonable time but Dispur Sachivalaya Post Office delivered the said parcel to the complainant No-2 only on 07/03/2015. Thus it is admitted fact that the concern parcel was delivered to complainant No- 2 after 21 days of depositing the same to the New Alipore Post Office (Kolkata) by the complainant No-1 which delivered beyond reasonable period , having Assam is the nearest state of West Bengal and a parcel booking by air at Kolkata suppose to deliver Guwahati within 5 days. So we found that the opp. parties did atleast 19 days delay in delivering the parcel to the complainant No-2. Now question is that who is responsible for causing such delay. From the evidence we have found that , the consignee (complainant No-2) is residing in Rukminigaon under jurisdiction of Assam Sachivalaya Post Office and secondly, he is also a retired IAS Officer as well as practising lawyer well known in the said locality and there is no complicacy in locating him for delivery of the parcel. Therefore we hold that , the complainant side has no contributory negligence which contributes reason of delay of delivery of the consignment. In such circumstances we much hold that due to negligence on the parts of Opp.Party No-2 , Sr.Superintendent of Post Offices ,Guwahati Division ,Opp.Party No-3 Post Master i/c, Airport Sub Post Office, Borjhar Airport, Opp.Party No-4 Post Master i/c, Assam Sachivalaya Post Office and Opp.Party No-5 Post Master i/c, New Alipore Post Office, Kolkata delay of 16 days caused in delivering the consignment to the complainant. Secondly, postal department is under union of India that is why Opp.party No-1 Union of India is also vicariously liable for such negligence . Being this is a complaint before this forum and being it is filed against all the post offices concerned , this forum does not feel need to find out specifically for fault of which of the opp. party , the delay was caused in the face of finding delay in delivering of the consignment . Therefore, all the opp. parties are accountable for such delay.
We have perused the case laws referred by the complainant side and it is found that National Commission in Post Office and others (Petitioners VS Akhilesh Grover (Respondent No-IV) (2017) CPJ 317 (NC) observed that Section -6 of Post Office Act,1898 does not bar any complaint filed before the Consumer Adjudicatory Bodies for seeking compensation for causing delay in delivery of any consignment by them and in proper case they are liable to pay proper compensation for causing such delay.
5) The complainant No-1 is found to had deposited all the required postal charge and that is why the opp. parties are liable to deliver the consignment to the complainant No-2 within a minimum period of 5 days but they are found to have done delay of 16 days. It is also found from the record that both the complainants approach the opp. parties for delivery of the consignment and they have also charged the track of the consignment through internet and in the result of their constant approaches ultimately Dispur Sachivalaya Post Office delivered the consignment to complainant No-2 on 07/03/2015. In these whole process of searching the consignment , both the complainant had to suffer a lot mentally and physically and they have also to incur certain expenditure in visiting the office of the said authorities. So, they have to face harassment and suffer from mental agony . Moreover the consignment contained medicine meant for complainant No-2 and for delay of delivery of the consignment the said medicines have lost power of action to certain percent . Therefore , we hold that opp. parties are liable to pay compensation to the complainant for causing harassment and putting them in mental agony by their act of delay in delivering the consignment and also for causing loss of power of action of the medicine sent in the said parcel. So in our opinion the opp. parties are liable to pay atlest Rs.5,000/- each to the complainant as compensation and Rs.3,000/- each as cost of the proceeding.
6) Summing up our discussion , we hold that, the complaint has merit. Therefore the complaint against all the opp. parties is allowed on contest . They are directed to pay the complainants Rs.5,000/- each as compensation as well as Rs.3,000/- each as cost of the proceeding which they are jointly and severally liable. They are directed to pay the awarded amount within 45 days, in default, the other amounts shall carry interest @12% per annum from this day.
Given under our hands and seals on this day of 22nd March,2018.
(Smt Archana Deka Lahkar) (Md.Jamatul Islam) (Md.Sahadat Hussain) Member Member President
