Before the Karnataka State Consumer Disputes Redressal Commission, Bangalore

1

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE.

DATED: 29/03/2006

PRESENT

THE HON’BLE MR.JUSTICE CHANDRASHEKARAIAH : PRESIDENT

SMT.RAMA ANANTH : MEMBER

Appeal No. 1484/2004

1. Sr.Superintendent of Post Office

Head Post Office,

Mangalore

Dakshina Kannada

.....Appellant/s

(By Shri/Smt Narayan V.Yaji )

-Versus-

1. Smt.Elizabeth Lobo

Star Associates Maidan,

I Floor,

Hampanakatta,

Mangalore

.....Respondent/s

ORDER

JUSTICE CHANDRASHEKARAIAH, PRESIDENT

This appeal is by the OP challenging the order of the DF allowing the complaint of the complainant.

The facts in this case are as follows:

The complainant had sent two speed post articles on 12.12.2001 and 14.12.2001 respectively through Mangalore Post Office to be delivered at Kuwait. But the said articles were not delivered to the addressees. This has made the complainant to file the complaint before the DF.

The DF having found that there is a deficiency in service on the part of the OP has ordered the opposite party to pay Rs.10,000/- as compensation. This order is under challenge by the OP in this appeal on the ground that it is contrary to Section 21 of Indian Post Office Act 1988 and the Post Office Rules 1933.

Admittedly the articles sent by the complainant were not delivered to the addressees. If that is so it amounts to deficiency in service on the part of the OP. No doubt the rules regulate what is the amount payable by way of compensation. But that compensation is only in so far as it relates to the value of the goods or the article sent through the post. But so far as the deficiency in service is concerned there is no provision either under the above said Act and the Rules fixing the quantum of compensation payable. If that is so, in our view the OP is to be directed to pay some amount by way of compensation towards the deficiency in service. In our view it would be a message to all other officials working in the OP office.

The DF has awarded Rs.10,000/- by way of compensation. Taking into consideration the OP is engaged in doing public service we propose to reduce the compensation from Rs.10,000/- to Rs.5,000/-. We are told that the appellant has already deposited a sum of Rs.5,000/- before this Commission in this appeal. In the result, in modification of the order of the DF we pass the following:

ORDER

The appellant/OP is directed to pay Rs.5,000/- as compensation to the complainant.

As stated earlier the OP has already deposited a sum of Rs.5,000/- before this Commission. If that is so, if the respondent /complainant file a memo for payment, the office is directed to pay the same.

MEMBERPRESIDENT

n.r.r