This complaint coming on this day for final hearing on 17-10-2016 in the presence of Sri P. Sekhar Reddy, Advocate for Complainant and Sri G. Gurrappa, Govt. Pleader for Opposite parties 1 to 4 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1. Complaint filed under section 12 of C.P. Act 1986.
2. The brief facts of the complaint are as follows:-The Complainant is a native of Kommanavari Palli village, Pullampeta Mnadal, YSR Diustrict. He was passed MBBS in N.T.R University of Health and science in the year 2013 and he was student in Gandhi Medical Colelge, Hyderabad. He has been declared to have qualified in the examination and passed MBBS in the year 2013 and he completed the internship, completion on March 2014.
3. It is submitted that the Complainant’s aim was to appear for the entrance test for admission to Post Graduate course for the academic year 2015-16. The Health University announced the P.G. course test examination on 1-3-2015. According to rules of the NTR Health University i.e. the applications has to be submit either by post or in person on or before 5.00 p.m on 20-2-2015. It is submitted that the Complainant was filled the application bearing No. 11039112 and attached all the attested copies with relevant papers along with his application. After that the Complainant submitted into the office of O.P.3 and addressed to the Convener, Vijayawada from Narayana Yadav, Kommanavari Palli village, Pllampeta Manadal, YSR district. The said cover submitted in the post office at Koduru on 15-2-2105 at about 14.07 hours as a speed post the receipt No. EN493748205IN courter No. 1 of O.P. code 03. the said speed post cover bag received by the NSH Vijayawada on 21-2-2015 and delivered on 23-2-2015 at about 14.41 p.m. The university authorities, stated that the last date of the application i.e. 20-2-2015 is over, then send back to the addressees on that the post man at Vijayawada endorsed on the cover i.e “refused last date over” the said endorsement attested by the concerned post man on 23-2-2106. The examinations conducted on 1-3-2015 by the university authorities as per their schedule.
4. It is further submitted that postal department printed the delivery norms for speed post it will be taken time only 2 or 3 days for delivery to Vijayawada. The Complainant has not received the hall ticket to the entrance examination for P.G. course due to the non arrival of the application of the Complainant which was sent by speed post through the Opposite parties post office at Koduru, but application of the Complainant returned on 25-2-2015. The Complainant submits that it is purely negligence on the part of the Opposite parties and there is a deficiency of service on their part. The said speed post cover No. EN493748205 it travelled from Koduru to NSH Tirupathi to PALAMTMO to NSH New Delhi, again came to Palam TMO Shamshabad A.P. TMO to NSH, Vijayawada (the said bag received on 21-2-22015 and dispatched on 23-2-2105 to Cuddapah to Pullampeta on 25-2-2105.
5. It is submitted that the ocm lost his P.G. entrance examination due to the negligence act on the part of the Opposite parties due to their deficiency of service in rendering the service to the Complainant. Due to their deficiency of service the Complainant suffered severe mental agony and also non delivery of his application within stipulated time i.e. 2 or 3 days. The Complainant was prepared very well and he will hope that he will get seat for P.G. course. The Complainant sent notice to the Opposite parties through his counsel and they got acknowledged the same and got issued reply notice with all false and unbelievable allegations. The Complainant demanding the Opposite parties to pay compensation for their deficiency of service and also for the mental agony suffered by the Complainant and also for lost of academic year for P.G. course due to the negligence act of the Opposite parties.
6. The Complainant therefore, prays that the Hon’ble court may be pleased to (a) direct the Opposite parties to pay an amount of Rs. 10,00,000/- towards compensation for their deficiency of service and also lost of education for the academic year of P.G course and mental agony, (b) directing the Opposite parties to pay an amount of Rs. 5,000/- being cost of the complaint and grant such other reliefs or releifs as the Hon’ble forum deems fit and proper in the circumstances of the case in the interest of justice.
7. It is true that Sri A.O.J. Narayana Yadav booked a cover under speed post service at Kodur sub post office in Kadapa district on 16-2-2015. The article was booked under speed post with speed post No. EN493748205IN. the articles was destined to “The Convener, Vijayawada” The articles was dispatched by the sub post master, Kodur Sub Post office duly invoicing in the speed post manifesto dt. 16-2-2105 duly enclosing in a speed post bag addressed to NTD Tirupathi. The bag was dispatched through Grameena Dak Sevak Mail packer for transmitting the bag through the Railway Mail Service Section Kadapa functioning in a train TP25 out at 19 hours in Rayalaseema Express.
8. As per report of article tracking in indipost.gov.in web site the bag containing the article was received at NSH Vijayawada on 21-2-2015 at 20.30 hours as 22-2-2015 was Sunday the article was issued for delivery through beat post man on 23-2-2015 duly entering in the delivery slip dt. 23-2-2105. The articles was returned on the same day by the postman duly noting the remarks for non delivery as “refused last date over, Hence, returned to sender”. Then the article was returned back delivery to the sender on 25-2-2105.
9. In reply to para No. 5 & 6 tha as per delivery norms communicated vide Government of India, Ministry of Communication, Department of Post letter No. 13-45/2008-D dt. 10-12-2103 the norms from National Sorting Hub Tirupati to National Sorting Hub Vijayawada are 2-3 days. In the present case the speed post article dispatched from the National sorting hub Tirupati on 17-2-2105 reached National Sorting Hub Vijayawada on 21-2-2015 at 20.36 hours due to erroneous mis sorting of the said article to NSH Delhi instead of NSH Vijayawada at NSH Tirupati point. In para – 7 the Postal Department is a “Service Provider and the C.P. Act should be consumer friendly and not one which works against the interest of the consumer”. In this case the article was missorted inadvertently and not intentional. The legal notice dt. 13-5-2015 was replied in this office Lr. No. CPT/CCC/Dlgs dt. 3-7-2015 that there was mis-transmission happened and reached by delay to the destination hence the addressee was not taken delivery of article and the same was returned back to the sender. Thus there is delay occurred in transmission of article, as per the departmental rules, compensation will be paid for delay in delivery of the speed post article to the sender with an amount equivalent to the speed post charges. The provisions of section 6 of Indian Post offices Act 1898 i.e. liability for loss, misdelivery or delay of or damage to any postal article in course of transmission by post, except in a so far as such liability may in express terms be undertaken by the Central Government as herein after provided, and no officer of the post office shall incur any liability by reason of any such loss, mis-delvery, delay or damage, unless he has caused the same fraudulently or by his willful act or default”. In view of the above facts and circumstances of the case it is therefore prayed that the Hon’ble Forum be pleased to dismiss the complaint against the Respondents and pass such other order or orders under the circumstances of the case in the interest of justice.
10. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is eligible for compensation as prayed by him or not?
ii. Whether there is negligence or deficiency of service on the part of the Respondents or not?
iii. To what relief?
11. On behalf of complainant Exs. A1 to A10 were marked.
12. Point Nos. 1 & 2. It is very clear from the averments of the complaint and as per Ex. A1 of the Complainant, who is doctor having MBBS degree. As per Ex. A2 the application has to be submitted by 20-2-2015 up to 5.00 p.m only for P.G. Courses. Ex. A3 clearly shows that the returned application cover from Vijayawada. Ex. A4 clearly shows that the Complainant had sent the application through Postal authorities from Koduru. Ex.A5 is very clear that the cover will reach within 2 or 3 days, with the gross negligence of the postal authorities the application cover sent by the Complainant which was booked at Koduru post office was travelled through Tirupati and Delhi to Vijayawada. In the counter also postal authorities i.e. Respondents 1 to 4 admitted very clearly that the cover after reaching Tirupati through Railway mail service it reached New Delhi and after that it was delivered at Vijayawada. The time was over to receive the application. So it is clearly proves negligence and deficiency of service on the part of the Respondents 1 to 4. So as seen from evidence on record and complaint and counter it is very clearly that the Complainant is eligible for compensation as prayed by him and at the same time there is gross negligence. The postal authorities themselves admitted that the cover travelled from Tirupati to Delhi and reached Vijayawada. So there is deficiency of service on the part of the Respondents 1 to 4. So the Respondents 1 to 4 are liable to pay compensation to the Complainant as prayed by him.
13. Point No. 3. In the result the complaint is allowed, directing the Respondents 1 to 4 to pay Rs. 1,00,000/- (Rupees one lakh only) towards compensation and mental agony, pay Rs. 5,000/- (Rupees five thousand only) towards cost of the complaint to the Complainant, within 45 days of date of receipt of orders.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 24th October 2016.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Respondents : NIL
Exhibits marked for Complainant: -
Ex. A1 Graduation of MBBS certificate issued bythe University ot the Complainant with medical registration certificate.
Ex. A2 Prospectus for admission to P.G. Medical Degree and diploma course for academic year 2015-16.
Ex. A3 Returned application cover from the Convenor University, Hyderabad.
Ex. A4 Receipt issued by the postal authorities at Koduru bearing speed post letter No. EN493748205In Tract More.
Ex. A5 Delivery transit norms for speed post.
Ex. A6 The speed post i.e. EN493748205In travelled from Koduru to Vijayawada.
Ex. A7 Office copy of legal notice issued to the Opposite parties, along with postal receipts.
Ex. A8 Postal acknowledegements (4)
Ex. A9 Reply notice issued by the Opposite parties through their departments.
Ex. A10 P/c of filled application of the Complainant.
Exhibits marked on behalf of the Respondents : - NIL
MEMBER PRESIDENT
Copy to :-
- Sri P. Sekhar Reddy, Advocate for Complainant.
- Sri G. Gurrappa, Govt. Pleader for Opposite parties
B.V.P
