LAWS(NCD)-2012-7-155

SUPERINTENDENT OF POST OFFICES Vs. SATYAJEET CHOUBEY

Decided On July 26, 2012
SUPERINTENDENT OF POST OFFICES Appellant
V/S
Satyajeet Choubey Respondents

JUDGEMENT

(1.) FOR the reasons stated in the application filed by the petitioners, delay of 42 days in filing this revision petition is condoned:

(2.) RESPONDENT Satyajeet Choubey is the original complainant in this case. He sent a money order of Rs.4,000/ - on 2.7.2004 from Garhwa Post Office to Patna. However,, an amount of only Rs. 1,000/ - was paid on 28.7.2004 out of the total sum of Rs.4,000/ - of the money order and the balance amount of Rs.3,000/ - was paid on 28.2.2005, i.e., after the complaint was filed by the. respondent before the District Forum, Garhwa. The respondent in his complaint before the District Forum had made a claim of Rs.3,000/ - on account of the balance amount under the money order alongwith a compensation of Rs.20,000/ - for mental agony, harassment and financial loss suffered by him. The petitioners appeared and filed their written statement and submitted that the complaint was not maintainable under the -, provisions of the Consumer Protection Act, 1986. It was further submitted that a serious note had been taken of the grievance of the complainant and after looking into the matter, it came to notice that full payment of the amount had not been made and hence the balance amount was sanctioned by the department on 28.2.2005 but the complainant refused to take the amount. Even while pleading that the complaint was not maintainable before the Consumer Forum, it was submitted by the OPs that liability of the Department had since been discharged and as such the complaint be dismissed.

(3.) AGGRIEVED by the aforesaid order of the District Forum, the petitioners challenged the same before the State Consumer Disputes Redressal Commission, Jharkhand, Ranchi ( "State Commission " for short) which upheld the order of the District Forum and dismissed the appeal vide its impugned order dated 25.4.2006 which is under challenge through the present revision petition.