INDIAN POSTAL DEPARTMENT Vs. OMKAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 10.8.2001 passed by the District Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short) in Complaint Case No. 190/2001 whereby the District Forum had allowed the complaint.

(2.) THE facts not presently in dispute are that on 16.11.1998 the complainant/respondent had booked a parcel with the opposite party No. 2 to be sent to Shri Ram Bahadur Singh, Village and Post Daulatpur, District Balia, Pin -221 713. The appellant had paid Rs. 104/ - towards charges for sending the parcel and consequently the opposite party No. 2 had issued receipt No. 4016 in favour of the complainant. It is also not in dispute that Sri Ram Bahadur Singh refused to accept the said parcel as it was torn and the seals were also not intact.

(3.) BRIEF facts of the case as narrated in the complaint had booked a parcel with the opposite party No. 2 to be sent to Sri Ram Bahadur Singh, Village and Post Daulatpaur, District Balia, Pin -221 713. The appellant had paid Rs. 104/ - towards charges for sending the parcel and consequently the opposite party No. 2 had issued receipt No. 4016 in favour of the complainant. The aforesaid parcel contained various cloths amounting to Rs. 3,390/ -. The parcel reached its destination in torn condition and the seals were also not intact, so the addressee refused to accept the said parcel. On receipt of the parcel back, the opposite party No. 2 informed the complainant and when the complainant went to the opposite party No. 2 he came to know that all the cloths were taken out of the said parcel. Thereafter, the complainant made a complaint to the opposite party No. 2 but he was asked to make a complaint to the Post Office, Balia, Head Post Office, Raipur and Head Post Office, Nagpur. The complainant acted accordingly. Thereafter the complainant received letters from the Head Post Office, Raipur and Nagpur on 11.3.1999 and 4.3.1999 respectively with an assurance that necessary action is being taken. Later the complainant had sent a reminder to the Head Post Office, Nagpur but vide letter dated 17.8.1999 the Post Master General informed that the matter was beyond his jurisdiction and it was not possible for him to do any thing in the matter. It was also contended that the opposite parties have failed and neglected to rectify the grievance of the complainant despite repeated requests and also despite legal notice and have committed deficiency in service. Consequently, the complainant had filed complaint before the District Forum with a prayer for refund of cloths or in the alternative of the price of cloths Rs. 3,390/ - together with interest @ 18% from the date of booking together with costs of proceedings and Rs. 50,000/ - towards mental shock and financial loss suffered by the complainant.