Order-6.

Date-13/12/2016.

This is an application u/s.12 of the C.P. Act, 1986.

The case of the Complainant, in short, is that on 16./04.2016 he went to Bullygunge Post Office and handed over one packet containing articles at the counter of the said Post Office for Speed Post Delivery at the address mentioned therein. The packet containing articles was examined and weighed by the person at the counter and registered duly thereafter under its No.EW1560022881N on payment of Rs.138/-. The said packet contained 3 pieces ‘T shirt’ of different color and brand’ purchased from M/s. Novelty Garments, Rash Behari Avenue, Gariahat, Kolkata – 700 029 valued at Rs.379/- and M/s. Dutta Cut Piece, Satadeep Shopping Complex valued at Rs.420/- on the occasion of his son’s birth day anniversary gift. The packet also contained 7 small packets of dust red sander valued at Rs.105/- purchased from Gariahat Market Place shop  and also  50 gms of herbal roots, named ‘Bosch’  purchased from Gariahat Market Complex valued at Rs.50/- for the use of Cough and Cold. The aforesaid packet was not delivered to the addressee being his son Karma Arnab Halder at the address of Qutb Institutional Area, F-116 D/1, Room No. 01, Katwaria Sarai, near . Wel No. 1, Delhi- 110 016, India. The matter was brought to the notice of the Post Master, Bullygunge Post Master under letter dated 02.05.2016. The Post Master informed the Complainant vide letter dated 3.05.2016 that the delivery of the packet was made to Post Master, Hauz khas, Post Office on 19.04.2016. But actually it was not delivered. The Complainant again wrote another letter dated 06.5.2016 to the Post Master, Bullygunge intimating non delivery of the articles. But he did not receive any reply. After a lapse of 15 days, the Complainant again sent another letter dated 15.06.2016, but no reply. The Complainant also made an application under RTI Act-2005 to the CPIO, South Kolkata Division, but the Complainant received no reply. The Complainant thus, ran pillar to post and again back to pillar, but no result. The Complainant alleged deficiency of service against the OPs. for non delivery of the packet to his son at Delhi.. Hence this case.

OPs have not appeared in this case in spite of service of Summons. OPs have neither filed any w.v nor contested the case. The case has proceeded ex parte against the OPs.   

Points for Decision

1)         Whether the OPs are deficient in rendering service to the Complainant?

2)         Whether the Complainant is entitled to get the relief as prayed for?

Decision with Reasons

            We have perused the documents on record. i.e. photocopies of cash memos, letter to the OPs on different dates and other documents on record.

            From the documents on record, it appears that the Complainant booked a packet containing articles duly registered under No. EW1560022881N for delivery to his son namely, Karma Arnab Halder at Delhi seeking Speed Post delivery.  It appears that the said packet was not delivered to the address of the addressee for the reason best known to the OPs. It also appears that the Complainant handed over the said packet containing articles to the counter of Bullygunge Post Office, vide registration No.EW1560022881N dated 16.04.2016 on payment of usual charges for Speed Post Delivery at the address mentioned earlier.

            We have also perused the different cash memos as filed from the side of the Complainant.

            It appears that the Complainant took up the matter with the OPs by writing different letters on different dates and also by way of filing an application under RTI Act,2005 addressed to the CPIO, Sr. Superintendent of Post Office, South Kolkata Division, Kolkata 700 029 but to no good.  We think that the OPs have put up a gesture of deficiency of service as such.

            None came from the side of the OPs to challenge or controvert the version of the Complainant as adduced in his examination in chief supported by affidavit. The Evidence of Affidavit as filed by the Complainant remains unchallenged and uncontroverted. We find that the said packet contained 3 pieces of T Shirt, one cut piece, 7 small packets of dust red sander, weighed 50 gms. herbal root named locally as “Bosch”.

We think that the Complainant suffered loss for the deficiency of service on the part of the OPs. Accordingly, we think that the Complainant is entitled to get the relief as prayed for.

In result, the case succeeds.

Hence,

Ordered

That the instant case be and the same is allowed ex parte against the OPs.

OPs are jointly and severely directed to pay an amount of Rs.1,263/- for the cost of the articles, correspondences, photocopying  charges etc. apart from litigation cost of Rs.5,000/- to the Complainant within one month from the date of this order.

OPs are further directed to pay an amount of Rs.5,000/- for  causing  harassment, mental agony to the Complainant within the said stipulated period.

Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act.