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A. P. SAHI, BHARATKUMAR PANDYA
Utpal Kumar Ray – Appellant
Versus
Sub Post Master (HSG-I) – Respondent
ORDER
Bharatkumar Pandya, Member.—The present revision petition challenges the order dated 29.12.2021 passed by the West Bengal State Consumer Disputes Redressal Commission, Siliguri Circuit Bench in First Appeal No. 22/2021 whereby while confirming the order dated 17.12.2020 passed in CC/7/2019 by the District Forum, Cooch Behar, the appeal of the petitioner/complainant was dismissed on merit.
2. Brief facts of the present revision petition are that the petitioner/complainant sent a postal registered letter with AD to the Chairman and Members of Selection Committee for recommendation for appointment of the President and Members of District Forums, West Bengal at 11-A, Mirza Ghalib Street, Kolkata-700087, West Bengal. The said letter was returned unserved with a postal endorsement ‘insufficient address, hence not known”. On 19.2.2018 complainant sent a written complaint to sub Post Master of New Market Post Office (R-1) for inquiry and reply. In response to the same, New Market Post office replied that address of the addressee was insufficient and for that reason it was returned unserved. However, as per complainant there was nothing insufficient about the address of the addressee me
Postal Services – Postal Department is not expected to deliver letter when recipient-addressee is vaguely and collectively mentioned on letter.
An unregistered agreement does not invalidate a consumer complaint; service of notice is deemed valid under the applicable law, and the appropriate legal remedy is an appeal, not a revision.
Evidence on record – In exercising of revisional jurisdiction the National Commission has no jurisdiction to interfere with the concurrent findings recorded by the District Forum and the State Commis....
Limited Jurisdiction – Commission’s revisional Jurisdiction is limited. Since there were concurrent findings of fact regarding the deficiency of service by both lower courts, and no jurisdictional er....
The court ruled that execution proceedings under the Consumer Protection Act must follow statutory appeal routes, and revisional jurisdiction under Article 227 is not applicable.
The court emphasized the importance of evidence in proving delivery of goods in deficiency of service cases.
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