SUPERINTENDENT OF POST OFFICES Vs. UPOVOKTA SURAKSHYA PARISAD

JUDGEMENT

(1.) This Revision Petition No. 799 of 1990 is against Order No. 7, in Consumer Disputes Appeal No. 256/92 dated 21st February, 1995 of the State Commission, Orissa and has been preferred by the Superintendent of Post Offices and Ors., as petitioners before us. The Upovokta Surakshya Parisad is the respondent.

(2.) The State Commission vide their order dated 21st February, 1995 dismissed the appeal against the order of the District Forum, Balasore. The complaint before the District Forum was filed by the Vice-President of the Upovokta Surakshya Parisad, Rupsa, alleging deficiency in service by the respondents in delivering the postal covers of a consumer, namely Bikram Kumar Giri, sent by the Industrial Training Institutes of Phulbani and Hirakud intimating about his admission to the said institutions. After hearing the complaint, the District Forum found that the ITI, Phulbani sent an intimation on 27.8.91 which reached at Anko Post Office on 30.8.91. However, the same was stamped by the Post Office on 4.9.91 and delivered to Bikram Kumar Giri on 6.9.91 whereas the last date of admission was 31.8.91. Shri Giri received another intimation from ITI, Hirakud which was dispatched on 31.8.91, received in the Anko Post Office on 4.9.91 but delivered to him on 8.9.91 whereas the last date of admission was 9.9.91. The complaint was filed against the following opposite Parties :

(3.) The opposite party No. 2 remained exparte before the District Forum whereas the opposite party Nos. 1 and 3 filed their versions separately. The opposite party No. 1 has not denied the facts th at the Phulbani intimation was received at the Anko Post Office on 30.8.91 but was stamped on 4.9.91 and delivered to the addressee on 6.9.91. The postal cover from Hirakud was received in Anko Post Office on 4.9.91 and delivered on 8.9.91 at 4.00 p.m. without impressing any date stamp thereon. Later, however, Shri Akshay Kumar Misra gave another statement saying that all what he had stated earlier was only to help Shri Bikram Kumar Giri to secure admission even after the expiry of the date of admission.