West Bengal

Birbhum

CC/15/24

Sumanta Basak - Complainant(s)

Versus

Superintendent, Suri Head Post office, India Post - Opp.Party(s)

Self

12 Jul 2016

ORDER

The case, in brief, is that the complainant along with some friends had booked individual mail by speed post on 27.05.2013 containing an application for the post of Lower Division Assistant at Kolkata High Court and a challan of Rs. 212 from UBI Bank. The articles of his friends reached in scheduled times but his article was returned for non-reaching in scheduled time. As per the information given by the Post Office which was asked by the complainant under RTI Act, the maximum time limit for speed post article in India is 72 hours i.e. 3 days. But his article was reached after 7days on 03.06.2013. It was known from the detailed track events of the article that the article was tossed between Sainthia ICH and Kolkata Airport SH several times without any cause. Thereafter the article was returned due to delay in delivery and for this negligence of the O.Ps the complainant has lost the opportunity to appear in examination and to get a job and it is irreparable loss for an unemployed youth. Hence, this case. The complainant prayed for reliefs as per the complaint.

The O.Ps contested the case by filing single written version and denied all allegations made against them. The O.Ps stated that the speed post articles were sorted in the Mixed Mail Sorter (MMS) machine and assumed that the address of sender and addressee was not written properly on the articles which caused the tossing of the articles between Sainthia ICH and Kolkata SPSH. The O.Ps also concluded that had the senders address been written on the back side of the envelop the article should delivered to its destination in time. The O.Ps also stated that as per the instruction of SSRM, Airport Sorting Division, Kolkata compensation of Rs. 39 i.e. the speed post charge was granted in favour of the complainant vide office memo No. CPT/73100002840 dated 30.07.13. The O.Ps stated that there is no negligency from their part and prayed for rejection of the petition of complaint with cost.

Complainant filed evidence on affidavit along with some documents and examined himself in the form of questionaire and reply. The O.Ps have not adduced any evidence. Both parties filed written argument and made oral argument also. Ld. G.P filed a document.​ After hearing the pleadings of both sides and considering the documents on record following points are necessary to discuss for determination of the case.

Point for determination.

1.  Whether the complainant is a consumer under Sec. 2(1)(d)(ii) of the C.P. Act.1986?
2. Whether this Forum has jurisdiction to try this case?
3. Whether there is any deficiency in service on the part of the O.Ps?
4. Whether the complainant is entitled to get any relief or reliefs as prayed for?

DECISION WITH REASONS

Point No.1: It is admitted that the complainant has booked a mail by speed post at Suri Head Post Office on payment of Rs. 39/-. So the relation between the parties have been established and the complainant is a consumer u/s 2(1)(d)(ii) of C.P. Act1986.

Point No.2: The complainant booked the mail at Suri Head Post Office, Birbhum which is under the territorial jurisdiction of this Forum and the valuation of the case is also far below than the pecuniary jurisdiction of this Forum. So, this Forum has both the territorial and pecuniary jurisdiction to try the instant case.

 Point No. 3 and 4: Both points are taken up together for convenience of discussion as they are related to each other.

It is admitted that the complainant booked a mail by speed post bearing No. EW212517279IN at Suri Head Post Office on 27.05.2013 with address to the Register General Kolkata High Court, Kolkata 700001 on payment of Rs. 39. It is also admitted that the said speed post article was reached to the office of the addressee on 03.06.2013 i.e. after 7days and was refused by the office of the addressee as the last date of reaching of that application was over and returned to the complainant on 05.06.2013.

At the time of argument the complainant submitted that he has booked the alleged mail by speed post on 27.05.2013 and the article was delivered to the addressed on 03.06.13 i.e. the article took long 8days to reach to its destination where, as per the information given by Superintendent of Post Office, Birbhum, the time limit of speed post article within India is 24 hours to 72 hours i.e. within 3days. So, the Postal Department had negligency and deficiency in service in case of delivery of that alleged article. For this negligency and delay in delivery by the postal authority, the complainant has lost the opportunity for appearing in the examination for the post of Lower Division Assistant at Kolkata High Court and getting job.

In reply the O.Ps stated that the speed post articles were sorted in the Mixed Mail Sorter (MMS) machine at AMPC Kolkata where sort of the articles based on PIN Code written on the face of the articles and assumed that the address of the sender and addressee was not written properly on the said​ article and the machine took the sender’s PIN instead of addressee. For that reason the article was tossed between Sainthia ICH and Kolkata SPSH and caused delay in delivery. The O.Ps also stated that the Postal Department has sanctioned a compensation of Rs. 39 as cost of postage as per departmental rule for delay in delivery of the article.

In this regard we have verified the xerox copy of the alleged envelop filed by the complainant and found that the address of the sender and addressee with PIN Code was written properly with net and clean handwriting and it is not mandatory to write the address of the sender on the back side of the envelop. The complainant has written the address in proper way. So, the assumption of the O.Ps that the address was not written properly is not correct.

Besides the O.Ps stated that delay in delivery was caused due to error or failure of the MMS machine. But that machine was operated by the O.P’s Officials and it can be presumed that it was their mistake caused delay in delivery of the article and the complainant has been deprived from appearing before the interview board for no fault on his part. The complainant should not be suffered for the error or failure of the O.Ps machine or operators whatever it may be.

Moreover from the track events of the alleged articles which was given by the O.Ps against the queries of the complainant under RTI Act, we find that the article was tossed between Sainthia ICH and Kolkata Airport SH several times. Even at that time the O.Ps did not take any careful action to rectify the error. So, there was negligency on the part of the O.Ps in the instant case.

At the time of argument the O.Ps filed a document regarding speed post. According to which compensation for delay in respect of domestic post, is the speed post charges. But in this case due to delay in delivery of the article the complainant has lost the opportunity to get the job which has certainly jeopardized the future carrier of an unemployed youth and which cannot be compensated with by money. In this regard we have followed the observation and decision made by Hon’ble State Commission in the case reported in 2012(1)CPR Part.3 308(SC). Honourable State Commission directed that “Postal Department must pay compensation for delay in delivery of letter”. Moreover the complainant has filed this case under Consumer Protection Act which has been enacted to protect the interest of the consumer at large and where compensation can be allowed in case of deficiency in service or negligent caused by the O.Ps. So, the complainant is entitled for compensation.

Although there is no objective stander to measure the loss of an unemployed youth particularly in such case but considering the position and probability of complainants success we are included to award Rs. 20,000 as compensation to the complainant.

In view of the above discussion we have concluded that the O.P has deficiency in service in the instant case. Point 3 and 4, are thus decided in favour of the complainant.

​

Proper fees have been paid.

Hence,

O R D E R E D                                        

that C.F Case No. 24/2015 be and the same is allowed on contest in part against the O.Ps.

            The O.Ps are directed to pay Rs. 20,000 to the complainant as compensation. The O.Ps are also directed to pay Rs. 2000 as litigation cost to the complainant. All such payment must be made within one month from the date of this order failing which the complainant shall be at liberty to put this order for execution as per law and procedure.

A copy of this order be supplied to the parties each free of cost immediately.