DILIP KUMAR DEBNATH vs SUPERINTENDENT OF POST KALYANI BUSINESS OFFICE

- THIS appeal is directed against the judgment passed by the District Forum, West Tripura on 3. 12. 2007 in case No. CC-12/2006.

THE case of the complainant appellant is that his daughter is a student of Bidhan Chandra Krishi Viswa Vidyalaya of Nadia, West Bengal sent a letter on 2. 2. 2005 by speed post alleging the containing NEC stipend application form addressed to the complainant appellant. This said letter reached the complainant only on 15. 2. 2005. As a result he could not submit a stipend application form to the Director of Higher Education, Govt. of Tripura. The last date for submission was 15. 2. 2005. The complainant appellant preferred a complaint in the District Forum,west Tripura. Claiming compensation for the deficiency, default and negligency in services of the Postal Authorities. The District Forum, West Tripura observed that the complainant appellant have not hired any services from the respondents himself and therefore, he was not a consumer and hence, dismissed the complaint.

We have gone through the judgment carefully and also considered the definition of consumer as per Section 2 (1) (d) of the C. P. Act. 1986. Under Sub-para-ii of Section 2 (1) (d) of the C. P. Act provides for include use of any beneficiary who avails services hired by some other persons also as a consumer unless this beneficiary avails the services for any commercial purpose.

THE learned District Forum,west Tripura overlooked this provision and went by the sub-para I of Section 2 (1) (d) of the definition of consumer under this C. P. Act. Therefore, we are of the considered opinion that the appellant complainant should be treated as a consumer and order should be passed accordingly, therefore, the judgment of the District Forum,west Tripura passed on 3. 12. 2007 in case No. CC-12 of 2006 is set aside. Now it is our disputed fact that the letter sent by the daughter of the complainant appellant on 2. 2. 2005 reached the addressee, the complainant after 15 days i. e. speed post letter did not reach the addressee in the stipulated time in our words. It is clear that there was a delay in delivery of the said domestic speed post articles beyond the norms determined by the Department of Post during the relevant period. Therefore the complainant respondent is entitled to a compensation equal to the composit speed post charges paid. It is seen from the record issued by Kalyani Business office , Nadia , West Bengal, Pin-741234 that an amount of Rs. 30 was paid by the sender. Therefore, under the Department of Post norms respondents are liable to pay a compensation of Rs. 30 only to the complainant.

THEREFORE, it is ordered that the respondents will pay an amount of Rs. 30 only as compensation to the complainant appellant within a period of 10 days from today. Failing which they will liable to pay in addition and cost @ 9% p. a. w. e. f. 11 days from today till the amount is paid to the complainant. The appeal No. F. A-1 of 2008 is disposed of after setting aside the judgment of the District Forum,west Tripura passed on 3. 12. 2007 in case No. CC of 2006. We make no order as to costs. Appeal disposed of.