Union of India through Superintendent Post Office, Almora v. Mahendra Kumar Verma
2004-11-18
K.D.SHAHI, SURENDRA KUMAR
body2004
DigiLaw.ai
JUDGMENT This is an appeal against the order dated 03.06.2004 passed by the District Forum, Almora whereby a compensation of Rs.800/- and a sum of Rs.200/- as litigation expenses was allowed in favour of the complainant. 2. The facts of the case are very simple. The complainant has sent a money order of Rs.251/- on 28.10.2003. It did not reach the addressee. Then on 04.12.2003, the complainant made a complaint to Postal Superintendent, Almora, who informed on 29.12.2003 that the amount has been paid to the addressee but the sister of the complainant said that this amount has still not been paid to her. Again the complainant made correspondence and when this amount was not paid, he filed the complaint before the Learned Forum on 06.02.2004. 3. The appellant filed written statement and alleged that the customer care center informed on internet that the amount has been paid to the addressee on 03.12.2003 but when there was again complaint that this amount has not been paid, again the matter was inquired into and it was found that the amount of money order has not been paid. However the amount has been paid to the sister of the complainant on 01.03.2004. There is definitely deficiency in service by the appellant in not paying the money order within a reasonable time. The money order was sent on 28.10.2003. It was received by the sister of the complainant on 01.03.2004, i.e. after more than 4 months. Still God knows how the internet of the appellant and how the appellant department informed the complainant that the amount has been paid to the addressee on 03.12.2003. This is definitely deficiency in service of the appellant in not giving correct information to the complainant. 4. There is deficiency in service of the appellant. "The payment has been delayed for more than 4 months and for that the complainant should definitely get compensation but the amount of compensation awarded by the Learned Forum is definitely on the higher side. The amount of money order• has already been paid. There was delay of 4 months. The payment was detained by the appellant for 4 months. For this period the complainant can get interest and if we calculate interest at any rate, it cannot be more than• Rs.100/-.
The amount of money order• has already been paid. There was delay of 4 months. The payment was detained by the appellant for 4 months. For this period the complainant can get interest and if we calculate interest at any rate, it cannot be more than• Rs.100/-. Even if we add some amount in this compensation, compensation shall also commensurate to the amount of injury suffered and no further. In these circumstances, in our view a compensation of Rs.300/- shall be adequate compensation. The Learned Forum has rightly allowed the expenses of litigation of Rs.200/-. The appeal is therefore partly to be allowed and partly to be dismissed. ORDER The appeal is hereby partly allowed and partly dismissed. The amount of compensation is hereby reduced from Rs.800/- to Rs.300/-. Rest part of the order passed by the Learned Forum is hereby confirmed. Cost of this appeal shall be easy.