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2025 Supreme(Online)(SCDRC) 35823

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
post master – Appellant
Versus
ARUN.M. – Respondent
SC/32/A/89/2017



Petitioner Advocates:SANDEEP R P ,Respondent Advocate:

STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/89/2017 post master PRESENT ADDRESS - PARIPALLY,KOLLAM ,KERALA.

SENIOR SUPDT:

PRESENT ADDRESS - DIVISIONAL POST OFFICE,KOLLAM ,KERALA.

.......Appellant(s)

Versus ARUN.M.

PRESENT ADDRESS - SREESAILAM,KALLUVATHUKKAL.KOLLAM ,KERALA.

MOHANAN.P PRESENT ADDRESS - SREESAILAM,KALLUVATHUKKAL,KOLLAM ,KERALA.

MANAGER PRESENT ADDRESS - CARGO SECTION AIR INDIA,KOCHI ,KERALA.

MANAGER PRESENT ADDRESS - INTER NATIONAL CARGO SECTION,KOCHI ,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. SRI.AJITH KUMAR.D , JUDICIAL MEMBER FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: 24/03/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No.89/2017 JUDGEMENT DATED: 24.03.2025 (Against the order in C.C.No.199/2014 on the files of the DCDRC, Kollam)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA : PRESIDENT KUMAR SRI. AJITH KUMAR D. : JUDICIAL MEMBER APPELLANTS:

1. The Postmaster, Paripally, Kollam - 691 578

2. Senior Superintendent, Divisional Post Office, Kollam - 691 001 (by Adv. Sandeep R.P., Authorised Representative)

Vs.

RESPONDENTS:

1. Arun M., Sreesailam, Sreeramapuram, Kalluvathukkal, Kollam - 691

578

2. Mohanan P., Sreesailam, Sreeramapuram, Kalluvathukkal, Kollam -

691 578

3. Manager, Cargo Section Air India, Airlines Authorised, Kochi (by Adv. M. Gopikrishnan Nambiar & P. Gopinanth Menon for R3)

4. Manager, International Cargo Section, Cochin International Airport Ltd. (CIAL), Kochi (by Adv. V.K. Mohan Kumar)

Judgement

SRI. AJITH KUMAR D. : JUDICIAL MEMBER st nd The 1 and 2 opposite parties in C.C.No.199/2014 on the files of the District Consumer Disputes Redressal Commission, Kottayam (the District Commission for short)

are the appellants.

2. On 07.10.2016 the District Commission had allowed the complaint and directed the opposite parties 1, 2 and 4 to pay Rs.50,000/-(Rupees Fifty Thousand only) as compensation and Rs.3,000/-(Rupees Three Thousand only) as costs of the proceedings to the complainant. Being aggrieved by the aforesaid order, this appeal has been filed.

3. The complainant had approached the District Commission alleging deficiency in service against the opposite parties with respect to the non-delivery of a postal article sent to st UAE. The case of the complainant is that on 04.04.2014 the 1 complainant had sent the UAE Embassy attested original SSLC book, ITI certificate, copy of the passport and 8 colour photographs to one Mr. Subi Kumar, P.B.No.544, Fujairah, UAE by registered post from the Parippally Post Office, Kollam. But the postal authorities had failed to deliver the said nd nd postal article to the addressee. The 2 complainant had sent a letter to the 2 opposite party to which a reply has been sent. Even after getting the complaint, the opposite parties had failed to take necessary steps to trace out the postal article. Ultimately, the complainant received information that the postal article was irrecoverably lost. Due to the missing of the st original certificates, Mr. Subi Kumar was unable to arrange visa to the 1 complainant. So he had lost the proposed job as the AC mechanic in Fujairah. The complainants and their family had to suffer irreparable loss and hardship on account of the fault of the opposite parties and hence, the complaint.

4. The opposite parties 1 and 2 had filed a written version. According to them, the post office bag No.78 dated 05.04.2014 containing the registered article was handed over to the Cochin International Airport Ltd. (CIAL) authorities under proper acquittance. Cargo Authorities of CIAL informed that the bag was x-ray scanned and handed over to flight No.IX 435 on 05.04.2014. But the Dubai postal administration informed that the said article was not received by them which fact was informed by the Cargo Section, Air India Airlines to the postal authorities. The department of post had not done anything against the interest of the complainant, but did all possible efforts to dispatch the

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