SUPERINTENDENT OF POST OFFICES vs GRAHAK PARISHAD

THIS appeal arises out of the order dt. 2.3.1990 passed by Consumer District Forum, Surat in Complaint No. 12 of 1989.

THE respondent-complainant known as Grahak Parishad is a Consumer Voluntary Association registered under Societies Registration Act, filed a complaint against the appellant post office situated at Sagrampura, Surat. THE grievance of the complainant was that, originally the working hours of Sagrampura Post Office was from 7.00 a.m. to 10.00 a.m. and 2.00 p.m. to 6.00 p.m. which was very convenient time to the consumers in past. THE post office wanted to change that time from 10.00 a.m. to 6.00 p.m. but on account of the agitation by the consumers, the post office could not do that. This had happened in the year 1988. However, it appears that the post office again changed the working time to 10.00 a.m. to 6.00 p.m. Being dissatisfied with the aforesaid change, the respondent-complainant association filed a complaint before the District Forum, Surat.

The District Forum, Surat, after taking some evidence and hearing both the parties, held that the change of time is inconvenient to the general public and when other post offices are adhearing to the old time, there was no reason for this post office to change the time against the wishes of the consumers.

THE argument of the post office was that change of time was in the interest of the general public as well as the post office employees'' because if this continues, it will be very convenient to them. THE post office further submitted that this was an administrative action of the post office which was taken in accordance with the orders of the superior authority and should not be interfered with by the District Forum. On the basis of the evidence, the District Forum came to the conclusion that the old time of 7.00 a.m. to 10.00 and 2.00 to 6.00 p.m. was more convenient to the general public and consumers and directed the appellant to change the present timings to the old timings within 15 days from the date of the order.

BEING dissatisfied with the order of the District Forum, Surat, the appellant has filed this appeal. Mr. J.D. Ajmera appearing on behalf of the appellant made following submissions : - (1) That the post office is not a manufacturing concern and not selling any goods and is a Central Government concern. Therefore the District Forum had no jurisdiction; (2) That there was no hiring of any services within the meaning of Section 2(d)(ii) and therefore the District Forum had no jurisdiction; (3) That the change of timings of the post office is an administrative action of authority and review of the same is not within the competence of the District Forum.

We think that the contentions raised by Mr. Ajmera are well founded and shall have to be accepted. It cannot now be disputed that the post office is rendering services to the general public and the Act is applicable to all the services including the services rendered by the Government, if there is any deficiency found in the services which is hired by the consumers who are the members of the public, District Forums, State Commissions and National Commissions have jurisdiction entertain complaint and grant reliefs. However, in the instant case, there is no complaint that the services hired by the consumers by payment of prescribed fees is deficient. The only complaint by the consumer association is with regard to change of timings of the post office. There might be some truth in the connection of the consumer association that change of time might be inconvenient to the general public and/or the consumer but for that there is no remedy provided under this Act.

THIS Act applies only to the services which are hired by the consumers as defined under the provisions of Section 2(d)(ii). Changing of time may not come within this definition and hence the District Forum had no jurisdiction to entertain the complaint, even if the District Forum is convinced that the change of time is detrimental to the interest of general public or the consumer.

IN aforesaid view of the matter, we allow the appeal and set aside the impugned order of the District Forum, Surat. However, we are constrained to say that all these services catered by the Central Government is for the convenience of the general public and while changing the timings, convenience and interest of the general public should be given greatest importance. We have no doubt that before changing the timings, the concerned authorities will take into consideration the wishes and convenience of the general public and the consumers. We allow this appeal and set aside the order passed by the District Forum, Surat and dismiss complaint No. 12 of 1989 filed by the respondent/complainant. No order as to costs. Appeal allowed.