Govt. of West Bengal
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION –NADIA
170, DON BOSCO ROAD, AUSTIN MEMORIAL BUILDING
KRISHNAGAR, NADIA, PIN 741101, Telefax (03472) 257788
PRESENT : Shri dAMAN pROSAD BISWAS, PRESIDENT
: SMT MALLIKA SAMADDAR MEMBER
: SHRI NIROD BARAN ROY CHOWDHURY MEMBER
Case No. CC/360/2019
COMPLAINANT :1. Mhonbeni Biswas Ngullie,
W/O. Koushik Biswas,
Resident of B-9/274, Kalyani,
P.O.+P.S. Kalyani, Dist. Nadia,
Pin-741235.
V-E-R-S-U-S
OPPOSITE PARTIES / 1.The Post Master,
At Kalyani H.P.O,
B-13, Central Park, Kalyani,
Dist. Nadia, Pin-741235.
2.The Superintendent of Post Office,
Nadia South Division,
Kalyani, HPO, Nadia, Pin-741235.
Ld. Advocate(s)
For Complainant: Debraj Das
For OP/OPs : None
Date of filing of the case :26.11.2019
Date of Disposal of the case :31.08.2023
(2)
Final Order / Judgment dtd.31.08.2023
Complainant above named filed this complaint against the aforesaid opposite parties u/s 35 of the Consumer Protection Act, 2019 praying for direction to the opposite parties to bring packet the missing article or to pay value of the goods amounting to Rs.14,833/- along with postal expenses, compensation amounting to Rs. 50,000/- ,cost of the case amounting to Rs.15,000/- and other reliefs.
OP NO.1 & 2 not yet appeared in this case nor filed W/V. Case is running ex-parte against them vide order no.19 dated 01.02.2023.
On 23.03.2023 complainant was absent without any steps. She was asked to file show cause by 25.04.2023. On that date lawyers’ observed cease work. Next date was fixed on 27.04.2023.
On 27.04.2023 complainant filed show cause and same was accepted and 24.05.2023 was fixed for ex-parte hearing. On that date lawyers’ observed cease work.
Thereafter, 26.06.2023 was fixed for ex-parte hearing. Complainant prayed for adjournment and that was allowed with cost of Rs.100/-. Next date was fixed on 10.08.2023 for ex-parte hearing.
On 10.08.2023 complainant was found absent. She was asked to file show cause on 29.08.2023. On 29.08.2023 complainant was absent. She did not file show cause even she did not paid cost of Rs.100/- as per order dated 26.06.2023.
Hence, the case has fixed for final order.
Trial
During trial complainant did not file affidavit in chief.
Even she did not file any original documents.
Documents
Complainant filed the following documents.
- Xerox copy of Postal Receipt.........(One sheet)
- Xerox copy of M. Baazar dated 19.12.2018.........(One sheet)
- Xerox copy of M. Baazar dated 23.03.2018.........(One sheet)
- Xerox copy of M. Baazar dated 10.09.2017......(One sheet)
- Xerox copy of Express Baazar Kanchrapara dated 03.04.2018......(One sheet)
- Xerox copy of e-mail of complaint........(Fifteen sheets)
- Xerox copy of complaint letter of CAB dated 28.06.2019......(One sheet)
(3)
Decision with Reasons
It is the allegation of the complainant that on 21.12.2018 complainant posted some articles in one packet and sent the same to her near relative namely Chambeni Ngullie at Wokha Town Post Wokha Nagaland through Postal Department. Said package was contained some garments likes Saree, Shirts, Jeans, Skirts and other articles valued at Rs.14,833/- and weight of the article was 5.260 kgs and complainant paid postage amounting to Rs.308/-. Complainant was very much surprised as those articles were not reached before the aforesaid addressee. Thereafter, complainant started to enquiry and collected track report from the Postal Authority and found that article was lastly located at Assam but thereafter aforesaid article was found untraced. She informed the matter to various offices of Postal Department but did not get any fruitful result. Lastly, she made a complaint via P.G. Portal being Registered Number Dpost/B/2019/09622 dated 22.04.2019. But OP No.1 & 2 informed the complainant that she will get compensation from OP authorities and OP authorities assessed the compensation amounting to Rs.616/-. Hence, the complainant filed this case.
At the time of filing of this case complainant produced certain documents (Xerox copy). But she did not produce the original documents till date. The reason best known to the complainant as to why she did not produce the original documents before this Commission. Without perusal of original documents, it is not possible for this Commission to grant any relief in favour of the complainant. Xerox copy of the document may not be authenticated. It is very risky to come to a decision on the basis of Xerox copy of documents. Complainant could easily file the original documents because he filed the Xerox copy of those documents.
On perusal of record, we find that complainant is the consumer and OP No.1 & 2 are the service provider.
Having regard to the aforesaid discussion, it is clear before us that complainant has failed to established his grievance by sufficient original documents and accordingly, we find that complainant is not entitled to any relief as per his prayer.
In the result, present case fails.
Hence,
It is
(4)
Ordered
that the present case be and the same is dismissed ex-parte against the OP NO.1 & 2 but without any order as to costs.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
........................................ .........................................
MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
