Tripura

West Tripura

CC/48/2016

Sri Parthib Deb. - Complainant(s)

Versus

The Chief Post Master General & 2 others. - Opp.Party(s)

Self

28 Sep 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
WEST TRIPURA :  AGARTALA

CASE   NO:   CC- 48 of 2016

Sri Parthib Deb,
S/O- Horolal Deb, 
Durgapur, Kailashahar, 
Unakoti, Tirpura.                ..…..…...Complainant.

               VERSUS

1. The Chief Post Master General,
North East Postal Circle,
Shilong-793001, Meghalaya.

2. The Director Postal Service,
Agartala Postal Division,
Agartala, Tripura West.

3. The Chief Post Master,
Kailashahar- 799277,
Tripura.                     ............Opposite parties.

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

    For the Complainant        : Sri Nabakumar Das, 
                          Attorney. 

For the O.P.             : Sri Swarup Pandit,
                      Sri Alak Datta
                      Advocates.

    JUDGMENT  DELIVERED  ON:   28.09.16

J U D G M E N T
    
        This case arise on the petition filed by one Parthib Deb. Parthib Deb sent one parcel containing smart phone in the address of his cousin Manoj Kumar at Gurgaon, Harayana. It was sent on 26.05.14, but did not go to the address. Firstly the O.P. informed that parcel reached at Gurgaon and after some day it was informed that parcel was lost. Parthib Deb authorized Nabakumar Das, Attorney to conduct the case after filing it before this Forum. Accordingly, Nabakumar  Das appeared. Given evidence and also documents. 

2.        O.Ps appeared and filed W.S. on behalf of O.P. No.1, 2 & 3. In the written objection it is stated that there was no willful negligence on the part of the O.P. Article was sent on 26.5.2014. Complaint filed after 2 years and therefore, it is barred. The preservation period of speed post records is only 6 months and related record is not available with the O.P. cause of action also not arose within the jurisdiction of this Forum. Therefore, O.P. prayed for dismissal of the prayer.

3.        On the basis of assertion denial made by both the parties following points cropped up for determination.
        (I) Whether the claim is time barred and also barred by territorial jurisdiction?
        (II) Whether the petitioner is entitled to get compensation for loss of smart phone sent by speed post?

4.            Petitioner examined one witness i.e., the attorney Nabakumar Das and also produced the track report regarding  communication with the postal department. 
5.        O.P. on the other hand produced statement on affidavit of one witness Kuntala Das, Superintendent, Head Quarter, Agartala.
6.        On the basis of evidence we shall now determine the above points.

    Findings & Decision:

7.        In this case Chief Post Master General, Director Postal Service, Agartala, Post Master General North East Circle and Chief Post Master, Kailashahar are made party. For the Tripura Division, Agartala is Head quarter and the Postal Department has network through out Tripura. The Speed post or any letter go through Agartala. This court has jurisdiction over West Tripura, Agartala and therefore has jurisdiction to entertain the matter. The parcel was sent on 26.05.14. Petitioner was under reasonable expectation that it will reach to the destination. When it was not reached then he made communication with the postal department. Complaint was made to postal Department and it was registered on 09.06.14. The complaint was closed on 08.07.15 by Postal Department. Therefore, cause of action actually started when petitioner's complaint was closed on 08.07.2015 & case filed on 01.07.2016  definitely within 2 years. From the above discussion it is clear that the this court has jurisdiction and also the claim is not barred by limitation.

8.        From the complaint made before the Postal Authority it is found that Express Parcel was not delivered and missing.  Complaint No.- 10005749990. Sender/ Applicant was Parthib and Addressee was Manoj Kumar. From that communication, mail it is found that parcel was missing. The article was neither delivered not received by either source. In July 18 another correspondence made by the complainant. Then it was informed that the article not traceable. It may be treated as lost. From this report it can not be said that smart phone was sent or not. According to the attorney  P.W.1 the price of the smart phone was Rs.8000/-. Rs.180/- was paid for booking as booking charge was Rs.90/-. O.P. in their evidence only challenged the jurisdiction of the court and also about the inclusion of party, Post master, Gurgaon. It has only stated that preservation period of speed post record is 6 months. So, they can not say about the missing or reasons for the missing. 

9.        As such it is admitted that article was not traceable and missing. This is deficiency of service by the O.P. India Post  has network throughout India.  It can not ship the responsibility  to the post master for delivery. Other post office who are engaged in transportation of article are liable. All Post Masters of Tripura are under the jurisdiction of North East circle. For such deficiency of service the India Post O.P. shall compensate the petitioner. It was not done. So, petitioner is entitled to get compensation. Both the points are decided accordingly.

10.        In view of our above findings we direct the O.P. to pay compensation amounting to Rs.16,000/-(Rupees sixteen thousand) to the petitioner as the cost of the article itself was Rs.8000/-(Rupees Eight thousand) the amount is to be paid within 2 months to the petitioner, if not paid it will carry interest @ 9% P.A.  
            
                   Announced.

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.