APPEAL NO: 1548/2008


Harnath Singh

r/o Sankaria House,

Master colony, Ajmer Rd.,

Kekri, Ajmer.

Complainant-appellant


Vs.


1. Postmaster, Kekri, Distt. Ajmer.

2. Postmaster, Nasirabad, Ajmer

3. Suptd., Post office, Beawar, Ajmer.

Opposite parties- respondents


Date of judgment 8.7.2009


Before:


Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethia-Member


Mr.B.S. Chandrawat counsel for the appellant

Mr.V.S.Gurjar counsel for respondents


BY THE STATE COMMISSION


This appeal has been filed by the complainant appellant against order dated 26.7.08 passed by the District Forum, Ajmer in complaint no. 309/07 by which complaint of the complainant appellant was dismissed inter alia holding that since the allegation of forgery has been made by the complainant in respect of document in question and such type of question could not be

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decided by the District Forum and it could only be decided by the civil court and therefore, the District Forum has no jurisdiction to decide the complaint.


2. It may be stated here that the complainant appellant had filed a complaint before the District Forum, Ajmer on 8.8.07 inter alia stating that he had sent a registered parcel through the services of the respondents on 27.10.06 and that parcel was sent to Ajay Chaudhary, advocate , Supreme Court of India and his address was mentioned in para 3 of the complaint but that parcel had not reached at its destination at Delhi and for that deficiency in service, the present complaint was filed.


3. A reply was filed by the respondents before the District Forum, Ajmer on 27.11.07 and their case was that the said parcel was delivered to the addressee on 30.10.06 and thus there was no deficiency in service on the part of the respondents and protection u/s 6 of the Post Offices Act was also made available to the respondents and it was prayed that complaint be dismissed .


4. After hearing the parties, the District Forum, Ajmer through impugned order dated 26.7.08 had dismissed the complaint inter alia holding that the case of the respondents that the parcel was delivered by them on 30.10.06 has been challenged by the complainant on the ground that the receipts are forged one, therefore, the District Forum had come to the conclusion that in this case the question arises whether the parcel in question had been delivered to the addressee or not or whether the receipt of delivering the letter was genuine one or not and they are such type of questions that could only be decided by the civil court and


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not by the District Forum and thus on that ground the complaint was dismissed.


5. Aggrieved from the said order dated 26.7.08 passed by the District Forum, Ajmer this appeal has been filed by the complainant appellant.


6. In our considered opinion, taken into consideration that the President of the District Forum is a senior retired judicial officer and he is competent to decide even the complicated questions of law and facts and no doubt the District Forum is required to decide the matter in a summary way but it would hardly be a ground for directing the consumer to approach the civil court because of the simple reason that the C.P.Act provides simple, inexpensive and speedy remedy to the consumers and that should not be curtailed on such grounds.


7. Thus, this Commission is of the view that the matter in question where the question arises whether the parcel in question was delivered to the addressee or not or whether the receipt in question was genuine or not or whether protection u/s 6 of the Indian Post Offices Act, 1898 was made available to the respondents or not, that should be decided by the District Forum and the District Forum was not justified in rejecting the complaint of the complainant on ground of jurisdiction and the impugned order dated 26.7.08 passed by the District Forum, Ajmer could not be sustained and liable to be quashed and set aside and the matter is to be remanded back to the District Forum,Ajmer to decide the complaint afresh on merits.


8. For the reasons, the appeal is allowed and the impugned

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order dated 26.7.08 passed by the District Forum, Ajmer is quashed and set aside and the matter is remanded back to the District Forum, Ajmer for deciding the complaint afresh on merits in accordance with law after hearing the parties concerned. Parties are directed to appear before the District Forum,Ajmer on 19.8.09



Member President