FOREIGN POSTAL DEPARTMENT Vs. ASHOK AGGRAWAL

JUDGEMENT

(1.) Aggrieved by the orders dated 27.07.2016 in Appeal No. 265 and 266 of 2014 passed by Rajasthan State Consumer Disputes Redressal Commission (for short "the State Commission"?) Opposite Parties (hereinafter referred to as "the Postal Department"?) has preferred these Revision Petitions under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"?).

(2.) By the impugned order, the State Commission has dismissed both the Appeals preferred by the Postal Department and upheld the Orders of the District Consumer Dispute Redressal Forum, Jaipur Fourth (for short "the District Forum"?). In CC No. 1045/2012, the District Forum allowed the Complaint and directed the Postal Department to pay in Indian currency the equivalent value of $10,350 as on the date of order along with interest @ 9% p.a. with ?3,500/- towards damages and ?2,500/- towards costs. IN CC No. 816/2012 the Postal Department was directed to pay in Indian currency the equivalent value of $5478.72 as on the date of order along with interest @ 9% p.a., with ?3,500/- towards damages and ?2,500/- towards costs. RP No. 3117/2016

(3.) Briefly stated, the facts of the case in RP No. 3117 of 2016 are that the Complainant is a Dealer and Exporter of Gem Stones and having received an order of $10,350 from his customer/client namely Sh. Virender Kumar r/o 104-33, 92, Avenue Reckmond Hill, New York - 11418, USA, the Complainant sent the consignment through Postal Department vide invoice No. NGL-14/13.7.2002 through speed post No. EE-830077169 dated 17.07.2002. It is averred that his client did not receive the said parcel. The Complainant visited the Postal Department a number of times to know the whereabouts of the said consignment. The Postal Department informed him that the consignment had been delivered. However, his client repeatedly informed the Complainant that he had not received the said consignment. It was only on 18.10.2002 that he was informed that the consignment was misdelivered to some other person and the consignee should contact the USA local post office with a Complaint of mis-delivery by filling up Form No. 452. It is stated in spite of giving the complete address of the consignee, the Postal Department had negligently delivered the consignment to a different person and thus committed deficiency of service. Despite repeated efforts of the Complainant, the Postal Department did not get the consignment delivered to the correct person/client of the Complainant and also did not pay any damages to him. Thus, the Complainant suffered a loss of $10350 and also loss of goodwill. Hence, the Complainant issued a legal notice dated 02.01.2013 to the Postal Department but there was no response.