Order No. 13 dt. 30/10/2017
The case of the complainant in brief is that the complainant booked one registered article parcel no.CW000263157IN from Baranagore P.O. on 11.03.2014 to send the same to Smt Dona Bhattacharya at Flat No.54/2A, Kalpataru Riverside, Mumbai 410026. It was stated that the complainant sent those articles to his daughter one Maduli, One small round Bronze Statue of 3 Puri goddess and two pieces of Kantha and one pen. After waiting till 20.04.2014 the complainant was informed that the articles were not received by the addressee and the said fact was intimated to Chief Post Master General, Kolkata but no fruitful result was achieved for which the complainant filed this case praying fpor direction upon the o.ps to deliver the articles within reasonable time and in default to pay compensation of Rs.50,000/- and litigation cost of Rs.10,000/-.
O.p.s contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that as per Indian Postal Rules the sender should declare on the article the value of the contents at the time of despatch and the valuable articles must be booked through insured post. The complainant did not book the valuable articles through insured post which is contributory negligence on the part of the complainant and the o.ps is not liable to pay the compensation. After receiving the registered parcel the o.p took all possible steps to provide the booked item to the addressee. It cannot be said as to what had happened in respect of the booked articles. As per existing postal rules the complainant is not entitled to get compensation as claimed and only he will be entitled to get Rs.100/- which is statutorily fixed. In view of the facts and circumstances as stated above o.p prayed for necessary order.
On the basis of the pleadings of the respective parties following points are to be decided :-
- Whether the article was booked by the complainant?
- Whether the article was not delivered?
- Whether there was any deficiency in service on the part of the o.p.?
- 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 the complainant booked one registered article parcel no.CW000263157IN from Baranagore P.O. on 11.03.2014 to send the same to Smt Dona Bhattacharya at Flat No.54/2A, Kalpataru Riverside, Mumbai - 410026. It was stated that the complainant sent those articles to his daughter one Maduli, One small round Bronze Statue of 3 Puri goddess and two pieces of Kantha and one pen. After waiting till 20.04.2014 the complainant was informed that the articles were not received by the addressee and the said fact was intimated to Chief Post Master General, Kolkata but no fruitful result was achieved for which the complainant filed this case praying fpor direction upon the o.ps to deliver the articles within reasonable time and in default to pay compensation of Rs.50,000/- and litigation cost of Rs.10,000/-.
Ld. Lawyer for the o.ps argued that as per Indian Postal Rules the sender should declare on the article the value of the contents at the time of dispatch and the valuable articles must be booked through insured post. The complainant did not book the valuable articles through insured post which is contributory negligence on the part of the complainant and the o.ps is not liable to pay the compensation. After receiving the registered parcel the o.p took all possible steps to provide the booked item to the addressee. It cannot be said as to what had happened in respect of the booked articles. As per existing postal rules the complainant is not entitled to get compensation as claimed and only he will be entitled to get Rs.100/- which is statutorily fixed. In view of the facts and circumstances as stated above o.p prayed for necessary order.
Considering the submissions of the respective parties it is an admitted fact that the complainant booked one registered article from Baranagore post office. The complainant has claimed that the said article was not delivered to the addressee i.e. the daughter of the complainant did not receive the booked article. After some days the complainant made enquiry as to why the article was not delivered but subsequently while the complainant found that no effective step was taken by the o.p. the complainant wrote a letter to the Director, Consumer Affairs Dept. but no effective conclusion was arrived at there for which the complainant filed this case. On perusal of the materials on record it appears that the complainant did not disclose the value of the article in respect of the booked item and he did not dispatch the registered article through insured post. As such we hold that there was contributory negligence on the part of the complainant. In this respect we can rely on a decision as reported in 2017 (3) CPR 675 (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 customer shall be refunded to him. Act of o.p. company as per law and rule framed by the Government, cannot be said to be deficiency in service. Here in this case since the article was not insured and as per rules 184, 185 of P.O. guide Part-I the complainant will be entitled to get compensation of Rs.100/- only.
Thus all the points are disposed of accordingly.
Hence, it is ordered,
that the case no.598/2015 is allowed on contest against the o.p. O.p. is directed to pay compensation of Rs.100/- to the complainant within 30 days from the date of communication of this order, i.d. an interest @ 7% p.a. shall accrue over the sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
