Chandigarh

DF-I

CC/86/2018

Balwinder Kaur - Complainant(s)

Versus

National Sorting Hub, through Manager, General Post Office - Opp.Party(s)

In Person

06 Feb 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/86/2018
Date of Institution	:	07/02/2018
Date of Decision	:	06/02/2019

 

Balwinder Kaur D/o Joginder Singh, R/o H.No.89, New Darshani Bagh, Manimajra, Chandigarh, U.T. 160101.

…..Complainant

 

V E R S U S

 

National Sorting Hub, through Manager, General Post Office, Sandesh Bhawan, Sector 17-E, Chandigarh.

…… Opposite Party

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                                                                       

ARGUED BY	:	Complainant in person.
	:	Sh. Rakesh K. Sharma, Counsel for Opposite Party.

 

PER Surjeet Kaur, Member

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are that the Complainant sent the Blood Pressure medicines to her mother, through registered post, on 18.01.2018, by writing complete address as VPO Chaina, Tehsil Jaito, District Faridkot, Punjab-151202 from the Post Office Raj Bhawan Branch, Chandigarh, but the same was not got delivered at the said address but returned back to the Complainant. On tracking the Consignment No. RLA RP664684128IN, through internet, the Complainant was surprised to note down that the Parcel reached in Beijing, China due to wrong sorting out of the staff of the Post Office and by not reading the correct address as was written down on the registered parcel by the Complainant. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant Consumer Complaint.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         Opposite Party contested the Complaint and filed its reply, inter alia, admitting the basic facts of the case. It has been pleaded that the Central Govt. or its Postal Officers are exempted from any liability for loss, mis-delivery of delay or damage to any postal article in course of transmission by post as per Section 6 of the Indian Post Office Act. Further, it has been asserted that after writing the complete address, the Complainant again wrote the words “delivery Chaina”, which created the entire confusion and being similar spellings the article was sent to China instead of Faridkot, Punjab. Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party has prayed for dismissal of the complaint.
4.         The complainant has filed a rejoinder, wherein she has reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of Opposite Party.
5.         The parties led evidence in support of their contentions.
6.         We have gone through the entire record along with the written arguments advanced by the Parties and heard the arguments addressed by the Complainant and Ld. Counsel for Opposite Party.
7.         It is evident from Annexure C-1 that the Complainant sent a packet of medicines through Opposite Party on 18.01.2018 after payment of Rs.42/- vide Receipt Annexure C-2 and the address written is VPO Chaina, Tehsil Jaito, District Faridkot, Punjab-151202. Further, Annexure C-3 shows that the parcel in question sent to China instead of VPO Chaina, Tehsil Jaito, District Faridkot. A further perusal of Annexure C-3 shows that the parcel in question kept on moving from Chandigarh, Delhi and then to China with effect from 19.1.2018 to 27.01.2018 and finally, the same was received back by the Complainant on 31.01.2018.
8.         The stand taken by Opposite Party is that it was the Complainant who wrongly written the last line as “Delivery Chaina”, due to which its staff members wrongly sent the parcel to China instead of VPO Chaina, Tehsil Jaito, District Faridkot.
9.         Perusal of Para No.5 of the written version of the Opposite Party shows that instead of apologizing for its mistake despite admission of the fact that the parcel was sent wrongly to a wrong destination, the Opposite Party is blaming that the Complainant deliberately added the last lines/words for the reasons best known to her. Further, in the same Para, Opposite Party has shown its negligent and lethargic work culture by taking a plea that due to huge and heavy rush of work it has become routine for the delivery staff to read the last lines of the address in order to deliver the articles. Further, it has been confirmed by the Opposite Party that only after delivering the parcel to the State or the Country the further address is to be checked in order to further rout out the parcel for the proper delivery.
10.         We are of the opinion that since the Opposite Party has accepted the postal article from the Complainant on requisite payment, as such the Opposite Party was required to render fault free and effective services in the shape of delivering the article in time which the Opposite Party has miserably failed. Hence the act of Opposite Party for not delivering the parcel in question at the correct mentioned address and unnecessarily forced the Complainant to indulge in the present unwarranted litigation, amounts to deficiency in service and unfair trade practice, which certainly caused immense physical and mental harassment to her.
11.         In the light of above observations, we are of the concerted view that the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is allowed, qua it. The Opposite Party is directed:-

(i)     To pay Rs.2500/- to the complainant towards compensation for deficiency in service, unfair trade practice and physical & mental harassment caused to her.

(ii)    To pay Rs.2500/- as litigation expenses.      

                This order shall be complied with by the Opposite Party within one month from the date of receipt of its certified copy, failing which, it shall be liable to pay                        the amount at Sr.No.(i) to the complainant along with interest @ 9% p.a. from the date of filing of the present Complaint, till its realization, besides compliance of directions as at Sr.No.(ii) above.

12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
06/02/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”