Chandigarh

DF-I

CC/281/2020

Raman Kumar Soni - Complainant(s)

Versus

Superintendent/Incharge, Speedpost - Opp.Party(s)

In Person

19 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

 

                    

Consumer Complaint No.	:	CC/281/2020
Date of Institution	:	20/08/2020
Date of Decision	:	19/04/2022

 

 

Raman Kumar Soni s/o R.P. Soni, #3879, Sector 32-D, Chandigarh 160047.

… Complainant

V E R S U S

Superintendent/Incharge, Speed Post, General Post Office, Sector 61, Mohali 160062.

… Opposite Party

 

CORAM :	MRS. SURJEET KAUR	PRESIDING MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                               

ARGUED BY	:	Complainant in person
	:	Sh. Vikas Kashyap, Counsel for OP

 

Per Surjeet Kaur, Presiding Member

1.      The facts in brief are, on 23.7.2020, complainant booked a speed post parcel of medicines for Patidar Medicals, MM Hospital, Sagwara, District Dunagarpur, Rajasthan from General Post Office, Phase 7, Mohali and paid the amount of ₹247.80.  As per complainant, Speed Post guarantees delivery of 72 hours for parcels booked in the range of 1000 kms. However, there was no update till 31.7.2020. When there was no response, the complainant approached Supervisor of GPO, Phase 7, Mohali with written complaint on 4.8.2020 and requested to trace the parcel.  Thereafter it was revealed that the parcel had reached destination on 7.8.2020 i.e. after 15 days whereas another parcel booked on 22.7.2020 for Udaipur was delivered on 31.7.2020 i.e. 8 days.  Though the parcel reached Sagwara on 7.8.2020 it was not delivered to the party and it had to collect the same on 10.8.2020 after waiting for delivery for 3 days. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OP, complainant filed the instant consumer complaint.
2.     OP contested the consumer complaint, filed its written reply and admitted booking of the parcel by Raman Soni for his firm.  Averred OP had no knowledge what was in the parcel sent by the complainant and never disclosed by the complainant. Stated complainant was using the postal services for commercial purpose and OP had not taken any premium/extra charges from him.  Maintained due to non-availability of train and air services at that time due to complete lock down, Department of Posts devised its own RTN (Road Transport Network) which was planned to route articles from one state to another so as to ensure supply of essential items i.e. medicines and other items related to COVID-19 etc. Averred as per extant provisions of Speed Post articles, in case of delay in delivery due to bandh/curfew, no compensation is admissible. Pleading that there is no deficiency in service or unfair trade practice on its part, OP prayed for dismissal of the consumer complaint.
3.     Rejoinder was filed by the complainant and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the complainant in person, learned counsel for the OP and gone through the record of the case.
6.     The sole grouse of the complainant in the present consumer complaint is that the parcel he had booked with the OP was delivered late and not within the stipulated time period.  On the other hand, the stand taken by the OP is that due to COVID-19 pandemic situation, circumstances of curfew/lockdown were there, hence there was no deficiency in rendering proper service on its part.
7.     After going through the documents on record, it is quite evident that as per Memo No.30-01/2020-D dated 3.6.2020 (Annexure R-2), Govt. of India, Ministry of Communications, Department of Posts, New Delhi while issuing revised instructions for booking/processing/ transmission/delivery of postal mail under clause (iv) stated “Notice may be displayed prominently in post offices, BNPL/Bulk booking centres that the delivery of articles may be delayed due to restricted operations of flights/trains.”  Further clause 13.1.2 of Annexure R-5 under the heading compensation and refunds states “In case the article is delivered late due to late running of railway trains and miscarriage by airlines, there is no fault of the Postal Department.”  Still further clause 13.1.5 of Annexure R-5 states “While sanctioning compensation, delay occurring due to curfew, bandhs etc. will not count as delay in delivery of Speed Post articles and hence no compensation will be given in such cases.” 
8.     We are of the concerted opinion that COVID-19 pandemic is an act of God and in this time of crisis, we all (including the complainant) had to suffer for one thing or the other.   Everyone had to face the time of bandh/curfew/lockdown.  In such like situation after waiting for sufficient time period, Govt. took the initiative to send the essential articles/medicines to the consumers by using alternative methods. Hence, no fault can be attributed on the part of the OP and we do not find any deficiency in service or unfair trade practice on its part.
9.     In view of the above discussion, we do not find any merit in the present consumer complaint. Accordingly, the same is hereby dismissed, leaving the parties to bear their own costs.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
19/04/2022	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member