DATE OF FILING : 7.8.2012

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 29^th day of September, 2012

Present :

SRI. LAIJU RAMAKRISHNAN PRESIDENT

SMT. BINDU SOMAN MEMBER

SMT. LIZAMMA ABRAHAM. K. MEMBER

CC NO.169/2012

Between

Complainants : 1. Sabitha Surendran D/o Surendran,

Kuttikattil House,

Chellarcoil P.O.,

Udumbanchola, Idukki District.

2. K. I. Surendran,

Kuttikattil House,

Chellarcoil P.O.,

Udumbanchola, Idukki District.

(By Adv: Sijimon K. Augustine)

And

Opposite Parties : 1. Department of Posts

Represented by

The Superintendent of Post Offices,

Idukki Division,

Thodupuzha, Idukki District.

2. The Postmaster,

Chellarcoil Post Office,

Udumbanchola, Idukki District.

O R D E R

SRI. LAIJU RAMAKRISHNAN (PRESIDENT)

The complainant had completed her BSc (Physics) degree examination from the BCM College, Kottayam affiliated with the MG University, with Register No.801771 in the year 2010. The students who passed degree from the said University received their certificates in the month of May, 2011. But the complainant never received the same and so that she enquired about the same at the University and it was revealed that on 18.5.2011 the degree certificate of the complainant was sent from the University through registered post from the post office named Priyadarsini Hills. So the complainant approached the Chellarcoil Post Office for getting the same, but there was no satisfactory reply for the same. Hence she lodged a complaint

(cont...2)

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to the 1^st opposite party and to the Post Master General, Central Region, Kochi on 7.6.2011. A reply was received from the 1^st opposite party dated 9.6.2011 and also from the Post Master General, Central Region, Kochi dated 13.6.2011 stating that immediate action has been taken to trace out the registered article. A complaint has been filed to the Police Station, Vandanmedu on 13.7.2011. Even after the department enquiry, nothing has received. So the opposite party approached the complainant and directed to apply for a duplicate copy of the same and they were ready to bear the expenses for the same. They also offered compensation for the same. But after that they never beared expenses or compensated the complainant. The 2^nd complainant, who is the father of the 1^st complainant is working as a coolie labour approached the University along with the 1^st complainant more than 10 times in order to get the duplicate degree certificate. They also remitted fee for getting duplicate copy, altogether they spent Rs.10,000/- for the same. Moreover, the complainant lost her one academic year due to the lack of degree certificate. Because of the delay in getting duplicate copy of the degree certificate, the complainant filed a complaint in the Chief Minister's Jana Samparka Paripady and the complainant suffered severe mental agony and pain and financial loss due to the loss of one academic year. Hence the petition is filed for getting compensation to the tune of Rs.25,000/- and also for cost of this petition.

2. As per the written version filed by the opposite parties, the complainant is not a consumer under the Section 2(1)(d) of the Consumer Protection Act, 1986 and there is no consumer relationship between the complainant and the opposite parties. Moreover, there is no proof produced by the complainant to show that the registered article contained the degree certificate of the complainant. The registered article was lost from the custody of Sri.R. Varadharaj, Gramin Dak Sevak Mail Deliverer, Chellarcoil Branch Post Office. He is not made an opposite party in the complaint eventhough the facts were known to the complainant. The loss of the registered post was informed on 18.5.2011 and it was made known to the sender of the article, the Controller of Examinations, Mahatma Gandhi University, Kottayam on 30.6.2011 itself. After the same, the complainant preferred this complaint. So the Controller of Examinations, MG University, Kottayam and the Gramin Dak Sevak Mail Deliverer Sri.R. Varadharaj also should be impleaded in the party array so this petition is bad for misjointer of necessary parties. On enquiry, by the Inspector of Posts, Peermade Sub Division revealed that a registered letter was among the other accountable articles lost from the custody of Sri.R. Varadharaj, Gramin Dak Sevak Mail Deliverer, Chellarcoil Branch Post Office. The 2^nd complainant was informed the fact by the 1^st opposite party and was also requested to apply for a duplicate certificate vide letter No.INV/Chellarcoil/Dlg dated 9.6.2011. It is submitted that the 2^nd complainant had filed a complaint with the Postmaster General (Central Region) and reply has been given by the opposite party requesting to apply for a duplicate certificate vide letter

(cont...3)

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No.CPT/Misc/2010 dated 13.6.2011. Detailed enquiries were made through Inspector of Posts, Peermade Sub Division for getting the article and all efforts were made by the enquiring officer to trace out the lost articles. It is revealed that Sri.R.Varadharaj, GDSMD had fainted at Chinnamanur Bus Station near Theni and lost the delivery bag containing the accountable articles. The enquiry officer had visited the Chinnamanur Bus Station for tracing out the article. Revealing that the letter was sent from MG University, as per the request of the complainant, the 1^st opposite party issued a letter to MG University vide letter No.INV/Chellarcoil/Dlg dated 30.6.2011. The enquiry officer who visited the complainant during the course of enquiry had never assured to bear all the expenses for obtaining a duplicate certificate as stated in the complaint and no compensation has been offered. The opposite party can only compensate as per the rules. Considering the importance of the lost article, the 1^st opposite party took a helping attitude and issued a letter to the Controller of Examinations stating to take further necessary action at their end. Eventhough the loss of the article was reported on 30.6.2011, a duplicate copy was issued only in the month of February 2012 and the delay for the same is attributable to the complainant and the University alone. The opposite party is in no way responsible for the delay. The FIR registered at Vandanmedu Police Station regarding the loss of the accountable articles as No.132/11 dated 11.6.2011 is still pending. The department also initiated disciplinary proceedings against Sri.R.Varadharaj, Gramin Dak Sevak Mail Deliverer, Chellarcoil Branch Post Office, who is responsible for the loss of the registered article. His conduct and character are not satisfactory as per the report of the Inspector of Posts, Peermade Sub Division. As per the departmental rules, only the sender of a registered article is eligible to prefer claim for compensation in case of loss. In this case, the sender of the registered article is Mahatma Gandhi University and claim application has to be preferred by them. Till date no application has been preferred from the University. The responsible official of the opposite party is now under Put Off Duty (Suspension) in connection with this case. So he also made a witness with this dispute. The maximum compensation granted as per rules, for the loss of a registered letter is Rs.100/- only and this was upheld by the Hon'ble National Commission in 2009 (4) IPR (254) NC in RP No.1395/2006 decided on 21.10.2009, where the Hon'ble National Commission has held that the consequences following from delay in delivery of postal articles has no consequences in the matter of award of compensation beyond what is statutorily fixed. So these opposite parties are not liable for any compensation.

3. The point for consideration is whether there was any deficiency in service from the part of the opposite parties, and if so, for what relief the complainant is entitled to ?

(cont..4)

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4. No oral evidence adduced by the complainant and Exts.P1 to P8 marked on the side of complainant and there is oral testimony of DWs1 and 2 and Exts.R1 to R4 marked on the side of the opposite parties.

5. The POINT :- As per the complainant, she completed her degree course from BCM College, Kottayam in the year 2010 and the degree certificates of the examination conducted in that year was received by all the other candidates in the month of May, 2011. But the complainant never received the same. So she enquired about the same and revealed that the degree certificate has been despatched from Priyadarshini Post Office and while it was enquired at the Chellarcoil Post Office for getting back the same, no information has been received from there. So the complainant filed a complaint to the 1^st opposite party and to the Postmaster General Central Region, Kochi and a reply was issued by the Postmaster General to the complainant stating that enquiry has been done by them and directed to get a duplicate certificate, copy of the reply is marked as Ext.P1. Another letter was received from the Customer Care Centre, Idukki, of the 1^st opposite party stating that the registered article has been lost from the custody of GDSMD, Chellarcoil and urgent action has been taken to trace out the said registered post. Disciplinary action has been taken against him and the copy of the letter is marked as Ext.P2. So the complainant also filed a complaint to the Vandanmedu Police Station about the loss of the article and the receipt issued from the SI of Police, Vandanmedu is marked as Ext.P3. Due to the lack of degree certificate, the complainant suffered a lot and she was not able to continue her studies for one academic year. So the complainant approached the University several times for getting duplicate copy of the same. Father of the complainant who is a coolie spent more than Rs.10,000/- for getting a duplicate copy, application given and fee paid for the same. Copy of the challan receipt for paying the fee for getting duplicate certificate, for Rs.1,000/- is marked as Ext.P4. Copy of the affidavit filed before the University for getting the duplicate copy is marked as Ext.P5. The 1^st opposite party issued a letter to the Controller of Examinations, MG University, Kottayam for getting duplicate copy of the degree certificate of the complainant because the degree certificate has been lost from the delivering staff of the opposite party, copy of that letter is marked as Ext.P6. Eventhough applied for getting duplicate copy, it was issued after a long delay. So the complainant filed a petition to the Vice Chancellor of MG University for getting duplicate copy of the degree certificate, with relevant documents and copy of the same is marked as Ext.P7. Duplicate copy of the degree certificate was not received by the complainant after a long delay, so the complainant filed a petition before the grievance cell of the Chief Minister of Kerala. As per the order of the Chief Minister of Kerala in his “Jana Samparka Paripady”, the duplicate degree certificate has been issued to the complainant from the University on 7.12.2011 and copy of the letter issued from the Controller of Examinations is marked as Ext.P8.

(cont..5)

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Postmaster of the Chellarcoil Post Office produced evidence as DW1. As per DW1, on 21.5.2011 a registered letter has been received in the address of the 1^st complainant and the letter has been given for delivery. In ordinary case, the deliverance were done on the very next day, but the next day was a Sunday. The post man who was entrusted for delivering the same was not present before the Post Office on the next Monday, after office time and it was stated by the Postman that the article was lost from him so that he was not at all able to deliver. He also never joined for duty after the same. The matter was informed to the Inspector of Posts, Peermade Sub Division and disciplinary action was taken against him, suspended from service and a complaint also given to the police. A complaint has been received

from the complainant on 7.6.2011 to DW1. The article for delivery was sent from MG University and a complaint was given to the University revealing the loss of the article and that is marked as Ext.R4.

As per DW2, who was the Gramin Dak Sevak Mail Deliverer, Chellarcoil Post Office, on 21.5.2011 he received the delivery article from the Post Office, including the registered letter of the 1^st complainant and certain letters were despatched and after that he travelled to his native place. While reached at Chinnamanur Bus Station, he became fainted and fell down and the delivery articles were lost from the bus station. It was due to low pressure and the matter was informed to the Postmaster on 23.5.2011 at 1.30 pm and now he is under suspension. A complaint has been given to the police station. The articles which were not at all delivered to the concerned person are keeping at the Post Office and the custodian is the Postmaster. If the delivery is not at all done in exact time, it should be enquired by the Postmaster. The Postal Department is liable to compensate the complainant. The matter of the loss of the article has been reported to the Inspector of Posts, Peermade. Ext.R1 is the complaint received from the complainant regarding loss of the degree certificate. Ext.R3 is the copy of the letter given by the Inspector of Posts, Peermade Sub Division who enquired the matter, to the Superintendent of Post Offices, Idukki Division, stating that the said article has been lost at Chinnamanur Bus Station near Theni on 21.5.2011 at about 21 hours, the article has been lost from Sri.R.Varadharaj, GDSMD of the Chellarcoil Post Office. The matter was enquired by the Inspector of Posts, Peermade and Sri. A.J. Sasidharan and the article cannot trace out. It was sent from MG University office. Disciplinary action has been taken against the GDSMD after getting statement from Kum.Sabith Surendran.

So it is admitted by the opposite party that the degree certificate of the complainant has been lost from the delivery staff of the opposite parties and they also informed the matter to the Controller of Examinations, MG University for getting a duplicate copy of the same as per Ext.R4 letter. As per the opposite parties, the registered article has been sent from MG University and that was lost from one

(cont...6)

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Mr.Varadharaj, Gramin Dak Sevak, Mail Deliverer, Chellarcoil Branch Post Office on 21.5.2011, because he fainted at Chinnamanur Bus Station near Theni and the delivery bag containing the articles for delivery lost there. It was revealed by the Inspector of Posts, Peermade Sub Division and the report is marked as Ext.R3. So the loss of the article has been admitted by the opposite party and the opposite party also taken disciplinary action against the person from whom the article has been lost. But as per the opposite parties, they are liable to give compensation to the lost article to the sender of the article only and no compensation has been claimed from the sender of the article, who is MG University.

But we are in a view that the custodian of the delivery article, certificate is the 2^nd opposite party and it is admitted by the opposite party. The 1^st complainant with the 2^nd complainant who is a coolie in labour approached the University more than 10 times for getting the duplicate copy and they have spent nearly Rs.10,000/- for getting a duplicate one. Ext.P5 affidavit has been filed at the University and also paid Rs.1,003/- as fee for getting a duplicate copy of the degree certificate, Ext.P4 shows the same. She also filed a complaint to the Chief Minister's Grievance Cell because of the non-availability of the duplicate certificate and as per the order of the Hon'ble Chief Minister, duplicate copy has been received and that was delivered from the University only on 7.12.2011. So morethan one year delay has been caused for getting a duplicate copy. She also lost her one academic year due to the same. It is admitted by the opposite parties that the certificate has been lost from the opposite parties because delivery staff of the opposite parties fainted at Chinnamanur Bus Station, so that the delivery bag has been lost. But it was the duty of the 2^nd opposite party to keep the undelivered article at his custody who is the custodian of the delivery article, if it was not delivered to the concerned persons. So we find gross deficiency in service from the part of the opposite parties and the opposite parties should compensate for the same to the complainant. It is also clear that she lost her one academic year due to the lack of degree certificate. Eventhough the article has been sent from the University, the loss has been sustained to the complainant, so the opposite party should compensate the complainant. So we fix an amount of Rs.15,000/- as compensation for the mental agony, financial loss and inconvenience caused to the complainant due to the lack of degree certificate. Eventhough the article has been lost from DW2, who is the delivery person of the article of Chellarcoil Post Office, the custodian of the same is the Postmaster, who has to keep the undelivered article at the post office and that was not done by the Postmaster there. So the 2^nd opposite party is liable to compensate to the complainant and 2^nd opposite party is working under the 1^st opposite party. So the 1^st and 2^nd opposite parties are jointly and severally liable for the same.

(cont...7)

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Hence the petition allowed. The opposite parties are directed to pay Rs.15,000/- as compensation to the complainant and also directed to pay Rs.2000/- as cost of this petition, within 30 days of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.

Pronounced in the Open Forum on this the 29^th day of September, 2012

Sd/-

SRI. LAIJU RAMA KRISHNAN (PRESIDENT)

Sd/-

SMT. BINDU SOMAN (MEMBER)

Sd/-

SMT. LIZAMMA ABRAHAM. K. (MEMBER)

APPENDIX

Depositions :

On the side of the Complainants :

Nil.

On the side of the Opposite Parties :

DW1 - Indira Devi K.P.

DW2 - R. Varadharaj.

Exhibits :

On the side of the complainant :

Ext.P1 - Copy of the letter issued by the opposite party dated 13.6.2011.

Ext.P2 - Copy of the letter issued by the opposite party dated 9.6.2011.

Ext.P3 - The receipt issued from the SI of Police, Vandanmedu for the

complaint given by the complainant.

Ext.P4 - Copy of the challan receipt for paying the fee Rs.1,000/-.

Ext.P5 - Copy of the affidavit filed before the University.

Ext.P6 - Copy of letter the issued by opposite party to the Controller of

Examinations, MG University, Kottayam, received by the complainant.

Ext.P7 - Copy of petition filed to the Vice Chancellor of MG University.

Ext.P8 - Copy of the letter issued by the opposite party dated 9.1.2011.

On the side of the Opposite Parties

Ext.R1 - The complaint given by the 2^nd complainant.

Ext.R2 - The letter issued to the complainant dated 9.6.2011.

Ext.R3 - Copy of the letter by the Inspector of Posts, Peermade Sub Division.

Ext.R4 - Copy of letter issued to the Controller of Examinations,

MG University, Kottayam, dated 30.6.2011.