Delhi

StateCommission

A/534/2018

RADHAKRISHNAN. R. - Complainant(s)

Versus

THE SECRETARY & CHAIR PERSON DEPARTMENT OF POSTS - Opp.Party(s)

SELF

15 Jan 2019

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments :15.01.2019

Date of Decision : 29.01.2019

First Appeal No.534/2018

In the matter of:

 

Radhakrishnan R.,

S/o. Raveendran Nair. T.

Namasivaya, KRA-126.A,

Lekshmi Garden,

Near Kunnath Maha Deva Temple,

P.O. Kudappanakunna,

Thiruvananthapuram-695043, Kerala.                                                        ………Complainant

 

 

Versus

 

 

1. The Secretary & Chairperson

Department of Posts

& Postal Service Board,

Room No.232, Sanchar Bhawan-1,

New Delhi-110001.

 

2. The Director General Postal Services,

Postal Directorate; Dak Bhawan,

New Delhi-110016.

 

3. The Chief Postmaster General,

Kerala Circle Office,

PMG Junction, Near Planetarium,

Thiruvananthapuram 695033, Kerala.

 

4. The Post Master,

Kundappanakunnu Post Office,

P.O. Kudappanakunnu,

Thiruvananthapuram 695033, Kerala.Opposite Parties

 

CORAM

Hon’ble Sh. O. P. Gupta, Member (Judicial)

1.     Whether reporters of local newspaper be allowed to see the judgment?                                                      Yes/No

2.      To be referred to the reporter or not?                                                                                                           Yes/No

Shri O.P. Gupta, Member (Judicial)

JUDGEMENT

 

1. The complainant feeling aggrieved from order dated 10.12.18 passed by District Forum VI in CC No.446/18  has preferred the present appeal.
2. Vide impugned order the District Forum directed return of the complaint to be filed in Forum having territorial jurisdiction. The facts narrated in the order are that complainant sent one application vide speed post on 21.05.18 in favour of Labour Officer, Civilization, Kudappanakunnu Post Office through consignment no.EL050758133IN, which did not reach destination till 03.06.18. As per track report available on website, the consignment was booked under custody of OP-3 since 21.05.18, there was inordinate  and unnecessarily delay  of 13 days on behalf of OP-2. The complainant visited Op-3 and 4 several times to lodge his complaint regarding the delay in delivery of the speed post consignment but every time the office was found closed. He approached Grievance Redressal Cell but in vain.
3. The complainant invoked jurisdiction of New Delhi Forum on the plea that OPs (1 and 2) have there office at Sanchar Bhawan and Dak Bhawan, New Delhi.
4. The District Forum found that consignment was booked through OP-4. The complainant has failed to place on record  any document to show that any cause of action accrued within territorial jurisdiction of this  Forum. It relied upon decision of Hon’ble Supreme Court in Sonic Surgical vs. National Insurance Company Ltd. where it was held that mere location of branch office is not sufficient. The branch office must be coupled with cause of action  otherwise it will be difficult for OP to run from pillar to post to defend the case. The branch office of OP may be at several places through out India.
5. District Forum also relied upon decision of National Commission in R.P. No.1396/16 titled as Spice Jet Ltd.  vs. Ranju Aery decided on 07.02.17. It was held in the said case that it will be costly for anybody, to anybody, to travel to Gurgaon and defend his/ her case. The said decision was upheld by Hon’ble  Supreme Court.
6. In the present case the article was booked in Kerala through OP-4, was to be delivered in Kerala, as per postal receipt copy of which is at page-32 to Labour Officer, Civilization, Kudappanakunnu. Thus no part of cause of action accrued at Delhi. The complainant is also resident of Kerala. It is not clear why he has filed the complaint at Delhi. The only possible reason can be that the wants to harass the OPs by making them to run from Kerala to Delhi.
7. I do not find any merit in the present appeal. The appeal is dismissed in limine.
8. Copy of the order be sent to both the parties free of cost.
9. One copy of the order sent to District Forum for information.
10. File be consigned to record room.

 

 

 

(O.P. GUPTA)                                                     

MEMBER (JUDICIAL)