New
Delhi: A Speed Post letter that crawled to its destination and cost an
unemployed man the chance of a job has earned the postal department the wrath
of India’s top consumer court, which pulled it up for deficiency in service and
ordered payment of compensation.
The
National Consumer Disputes Redressal Commission dismissed the pleas of head
post master in Rajasthan’s Alwar town and post master of Jaipur’s Sitapura
Industrial Area seeking a reduction in the Rs20,000 penalty imposed on them and
said: “We feel that Rs 20,000 can in no way compensate the respondent for the
lost opportunity.”
Commission’s
Presiding Member V.B. Gupta and Member Rekha Gupta directed the postal
department to pay complainant and Alwar resident Neeraj Gupta Rs10,000 as compensation
for not delivering his job application in the same city within the prescribed
time of 24 hours in 2010.
In
its recent order, the apex consumer commission also directed the department to
deposit Rs10,000 in the Consumer Legal Aid Account of the commission by July
20.
The
department’s attempt to wriggle out of the mess did not go down well with the
commission. “It is indeed surprising to note that in respect of the inordinate
delay in delivery of the Speed Post article which had cost an unemployed youth
his chances for obtaining a job, the department is trying to get out by paying
a paltry compensation of Rs20,000 to Gupta,” said the commission.
The
postal department had appealed in the national commission against a state
consumer commission’s judgment in favour of Gupta. The apex consumer commission
has now upheld the state commission’s verdict.
“We
find that there is no jurisdictional error, illegality or infirmity in the
order passed by the state commission warranting our interference. The revision
petition is dismissed on merit as well as on limitation with cost of Rs20,000,”
said the national commission.
The
postal department “is a service provider and the Consumer Protection Act should
be consumer-friendly and not one which works against the interest of the
consumer”, the national commission said, rejecting the contention that Gupta
was not entitled to compensation.
The
national commission also frowned over the litigation cost the department would
have incurred in its bid to avoid paying the Rs.20,000 penalty.
“The
petitioner should also see whether it is justifiable and fair to deny paying a
meagre compensation of Rs20,000 to the consumer by spending far more on legal
expenses in fighting the case in different fora,” the national commission said.
Gupta
said in his complaint he posted his job application letter through Speed Post
December 23, 2010, for the office of district parishad, Alwar, that had invited
applications for the post of gram sewak and ex-officio secretary.
He
said the last date for applying for the job was December 27, 2010, and at the
time of sending the letter the postal staff told him that it would be delivered
by December 24, 2010.
Gupta said the letter
returned to his house December 30, 2010, without any official explanation.
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