Order No. 11 dt. 16/07/2019
The case of the complainant in brief is that on 21.5.18 Deptt. Of Health and Family Welfare, Govt. Of West Bengal issued a notification inviting application from the eligible candidates within 31.5.18 for admission to GNM course for the session of Sept. 2018. The complainant applied for the said post and she booked speed post in the GPO Kolkata being consignment no.EW 130397265 IN which was supposed to reach its destination within two days. The complainant tracking the consignment found that it has not reached its destination and it was sent to Pune, Maharashtra. The last date for applying for the course was 31.5.18. Because of such not getting opportunity the complainant has suffered her career. The complainant after coming to know of the said fact lodged a complaint to Director, Speed Post Deptt., GPO, Kolkata. The complainant since failed to apply and for pursuing the course in private institute for nursing training she will have to bear the expenses of Rs.5 lakhs to Rs.8 lakhs which was not affordable by her. The complainant, thereafter, sent a letter to o.ps. praying for compensation for harassment and mental agony which was not replied by o.ps. Subsequently Depty Director, P.O. (Administration), Kolkata GPO after thorough enquiry sanctioned an amount of Rs.35/- only as compensation and in the said intimation it was also mentioned that the complainant should accept the compensation within one year. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. for compensation of Rs.5 lakhs and litigation cost of Rs.50,000/-.
The o.ps. contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that the article was booked on 28.5.18 in Kolkata GPO and the same was dispatched to NSH Kolkata Airport on the same day. After dispatch the said speed post article has no scope to intervene in further course of transmission towards destination office by Kolkata GPO. The MMS machine wrongly read the PIN number as 411/412 NSH Pune by the MMS machine and accordingly, the consignment was sent to NSH Pune and no official is held responsible for the misrouting of the said article. After detection of wrong dispatch of the article the consignment was sent to Chinsura Head Office on 1.6.18, but the same was not accepted by the addressee.
The o.ps. informed the complainant for delay in delivery of post office article and also offered the compensation of Rs.35/- which was sent to the complainant as per Sec 6 of Indian Post Office Act, 1898 and Post Office Rule, 1993 and the amendment of the stature rule by notification no.GSR 40 (E) dt.21.1.1999 following condition after condition no.5 of Rule 55 B was inserted:-
“in case of any delay of domestic speed post articles beyond the norms determined by the department of post from time to time, the compensation to be provided shall be equal to the composite speed post charge paid”. On the basis of the facts and circumstances as stated above o.ps. prayed for passing necessary order.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant booked an article from the o.p. no.1?
- Whether there was any deficiency in service on the part of the o.ps.?
- Whether the complainant will be entitled to get any relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that on 21.5.18 Deptt. Of Health and Family Welfare, Govt. Of West Bengal issued a notification inviting application from the eligible candidates within 31.5.18 for admission to GNM course for the session of Sept. 2018. The complainant applied for the said post and she booked speed post in the GPO Kolkata being consignment no.EW 130397265 IN which was supposed to reach its destination within two days. The complainant tracking the consignment found that it has not reached its destination and it was sent to Pune, Maharashtra. The last date for applying for the course was 31.5.18. Because of such not getting opportunity the complainant has suffered her career. The complainant after coming to know of the said fact lodged a complaint to Director, Speed Post Deptt., GPO, Kolkata. The complainant since failed to apply and for pursuing the course in private institute for nursing training she will have to bear the expenses of Rs.5 lakhs to Rs.8 lakhs which was not affordable by her. The complainant, thereafter, sent a letter to o.ps. praying for compensation for harassment and mental agony which was not replied by o.ps. Subsequently Depty Director, P.O. (Administration), Kolkata GPO after thorough enquiry sanctioned an amount of Rs.35/- only as compensation and in the said intimation it was also mentioned that the complainant should accept the compensation within one year. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. for compensation of Rs.5 lakhs and litigation cost of Rs.50,000/-.
Ld. lawyer for the o.ps. argued that the article was booked on 28.5.18 in Kolkata GPO and the same was dispatched to NSH Kolkata Airport on the same day. After dispatch the said speed post article has no scope to intervene in further course of transmission towards destination office by Kolkata GPO. The MMS machine wrongly read the PIN number as 411/412 NSH Pune by the MMS machine and accordingly, the consignment was sent to NSH Pune and no official is held responsible for the misrouting of the said article. After detection of wrong dispatch of the article the consignment was sent to Chinsura Head Office on 1.6.18, but the same was not accepted by the addressee.
The o.ps. informed the complainant for delay in delivery of post office article and also offered the compensation of Rs.35/- which was sent to the complainant as per Sec 6 of Indian Post Office Act, 1898 and Post Office Rule, 1993 and the amendment of the stature rule by notification no.GSR 40 (E) dt.21.1.1999 following condition after condition no.5 of Rule 55 B was inserted:-
“in case of any delay of domestic speed post articles beyond the norms determined by the department of post from time to time, the compensation to be provided shall be equal to the composite speed post charge paid”. On the basis of the facts and circumstances as stated above o.ps. prayed for passing necessary order.
Considering the submissions of the respective parties it is an admitted fact that the complainant booked an article from GPO, Kolkata on 28.5.18. As per the norms in speed post dispatch the article was sent to DumDum Airport. From there the article was sent to respective places. Here in this case the article was sent to DumDum, Airport on the self same day on the date of booking and from there also it was not sent to the destination as per the address of the said consignment. After dispatch the said speed post article has no scope to intervene in further course of transmission towards destination office by Kolkata GPO. The MMS machine wrongly read the PIN number as 411/412 NSH Pune by the MMS machine and accordingly, the consignment was sent to NSH Pune and no official is held responsible for the misrouting of the said article. After detection of wrong dispatch of the article the consignment was sent to Chinsura Head Office on 1.6.18, but the same was not accepted by the addressee. It is a settled law as per section 6 of Indian Post Office Act, 1898 and post office rule 1993 and the amendment of the statute rule by notification no. GSR 40 (E) dated 21.01.1999 following condition after condition no.5 of rule 55B was inserted:
“ in case of any delay of domestic speed post articles beyond the norms determined by the department of post from time to time, the compensation to be provided shall be equal to the composite speed post charge paid.
In the event of loss of domestic speed post article or loss of its contents or damage to the contents, compensation shall be double the amount of composite speed post charges or Rs.1000/- whichever is less”.
In view of the judgement passed by Hon’ble National Commission as reported in 2017 (3) CPR 765 (NC) wherein it was held that in the event of delay of domestic speed post article beyond prescribed delivery norms from time to time as a part of money back guarantee, speed post charges paid by the customer shall be refunded to him.
On the basis of the said judgement we hold that the complainant will be entitled to get the double of speed post charges.
Thus all the points are disposed of accordingly.
Hence, ordered.
That the CC No.268/2018 is allowed on contest with the compensation of Rs.70/- against the o.ps. The o.ps are directed to pay the amount of Rs.70/- (Rupees seventy) only to the complainant within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
