YOGESH KUMAR Vs. SUPERINTENDENT INDIAN POSTAL DEPARTMENT

JUDGEMENT

(1.) Challenge in this Revision Petition, filed by the Complainant under Sec. 21(b) of the Consumer Protection Act, 1986, is to the Order dtd. 22/8/2016 passed by the Haryana State Consumer Disputes Redressal Commission at Panchkula (hereinafter referred to as the State Commission) in First Appeal No.111/2016. By the Impugned Order, the State Commission, relying upon the Orders passed by this Commission in the Case of Union of India and Ors. Vs. M.L. Bora - 2011 CTJ 27 (CP), has partly allowed the Appeal filed by the Opposite Party in the Complaint/Respondent herein, namely, Superintendent, Indian Postal Department, and modified the Order dtd. 31/12/2015 passed by the District Consumer Disputes Redressal Commission, Faridabad (hereinafter referred to as the District Commission) in Consumer Complaint No. 065/2015, preferred by the Complainant/Respondent herein, to the extent that the Indian Postal Department shall be liable to pay to the Complainant/Petitioner a sum of Rs.500.00 as lumpsum compensation in addition to Rs.78.00 as sanctioned by the them. The District Commission, while allowing the Complaint, had directed the Postal Department to pay to the Complainant/Petitioner a sum of Rs.9,760.00 in lieu of the amount spent by him on booking of the package tour and Rs.2,200.00 on account of mental tension and harassment besides Rs.1,100.00 towards litigation expenses, within a period of 30 days from the date of receipt of the order.

(2.) The facts, giving rise to the filing of the Complaint before the District Commission, are that the Complainant/Petitioner, being a Member of Niswiz Holidays Company (hereinafter referred to as the Company) vide Membership No.NW42258/38N3S, sent a Holiday Platter to the Company in respect of a Holiday Package for Agra vide Speed Post No.EH565828024IN on 24/12/2014 at 13:46 hours through Branch of the Opposite Party/Respondent at Sector-12, Mini Secretariat, Faridabad Post Office by paying Rs.39.00 as postal charges. The said speed post letter was to be delivered by the Respondent at its destination within 24 hours to 48 hours, i.e. latest by 26/12/2014. However, the same was delivered on 6/1/2015 only. According to the Complainant/Petitioner, he paid a sum of Rs.10,000.00 to the Company as package charges, which were not refundable, and spent an amount of Rs.20,000.00 on shopping. Due to delayed delivery of the Holiday Platter, the said package was not accepted and sanctioned by the Company, as a result of which the Complainant/Petitioner could not enjoy the said tour and suffered a financial loss of Rs.30,000.00. The Complainant/Petitioner served a legal notice on the Opposite Party/Respondent on 5/1/2015 but did not receive any reply. Being aggrieved, he filed a Complaint before the District Commission, praying for a direction to the Opposite Party/Respondent to pay Rs.10,000.00, which was not refunded by the Company; Rs.20,000.00 spent on shopping for the said tour; Rs.50,000.00 as compensation for mental tension, agony and harassment, and Rs.11,000.00 as litigation expenses.

(3.) Upon notice, the Opposite Party/Respondent entered appearance and filed the Written Statement. While admitting that the article in question was booked from Faridabad Sector-12 Post Office on 24/12/2014 for dispatch at Manimajra, Chandigarh and the same was delivered at its destination on 7/1/2015, it was pleaded that in terms of provisions of Sec. 6 of the Indian Post Office Act, 1898, the Postal Department was exempted from paying compensation for the delay in delivery of an Article; as per Citizen Charter, the standard norm for delivery of speed post article at Neighbouring State is 4-6 days, excluding day of posting, holidays and Sundays; effect of curfew, Bandh, Strike etc., and as per the prescribed Departmental Rules, the compensation for delay in delivery of speed post article had already been paid to the Complainant/Petitioner.