MALLIKA VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) MS . Mallika Verma, sole proprietor of M/s D.D.Impex has filed an instant complaint against the Union of India and the Post Master, Kalkaji Post Office, New Delhi alleging deficiency in service committed by the opposite parties in respect of VPP or EVPP articles booked with the post office for delivery to the customers on cash -on -delivery basis.

(2.) ON perusal of the complaint, it prima facie appears that the complainant is not covered by the definition 'consumer' envisaged under section 2 (1) (d) of the Consumer Protection Act, 1986. Thus, we have heard the arguments on the issue of maintainability of complaint.

(3.) BRIEFLY stated allegations in the complaint are that complainant firm M/s D.D. Impex is engaged in the business of E -sales of goods. The modus operandi of the business as detailed in the complaint is that the complainant after receiving orders from the customers verifies the genuineness of the customer and on confirmation of the genuineness of the customer, the complainant firm used to dispatch the goods ordered by VPP or EVPP on cash -on -delivery basis. For that purpose, complainant used to dispatch the packed consignments to the customers through opposite party Post Office. According to the complainant, the postal department i.e. the opposite party has committed deficiency in service by tampering with the packets sent through VPP and misappropriated the goods, resulting in huge business loss to the complainant.