M.THANIKACHALAM, J. - (1.) The opposite parties are the appellants.
(2.) The facts leading to this appeal:- The complainant/respondent had sent two registered post through first opposite party, on 16.10.2008 at about 9.30 a.m. having weight below 20 grams, for which, the first opposite party collected/charged Rs.28/- per registered post, which is in excess of Rs.3/-, over and above the permitted rate. The complainant when questioned, first opposite party represented that they are collecting a late fee, which is incorrect, since there was no need to pay late fee, when the registered post was sent at 9 a.m. or 9.30 a.m. When the complainant came to know that he was cheated by the first opposite party, he suffered great mental agony and humiliation, and by collecting totally Rs.6/- excess, the first opposite party committed deficiency, for which, the second opposite party is vicariously liable. Thus alleging deficiency, a consumer complaint was filed, claiming a damage of Rs.10,000/- with costs.
(3.) The opposite parties/appellants admitting the registered posts sent by the complainant, as well as collection of Rs.28/- per registered post, resisted the case inter alia contending, that when the complainant came to the office for booking registered posts, he was informed that there was some technical problem in the Computer and due to the same, it showed automatically late fee of Rs.3/- also, that despite the complainant was informed about this defect and requested him to go elsewhere or wait for rectification of the defect, he insisted to collected Rs.28/-, including the late fee shown by the Computer, voluntary, and on that basis alone, the amount was collected, which cannot be termed as deficiency in service, warranting any mental agony or humiliation to the complainant as incorrectly pleaded, praying for the dismissal of the complaint, denying other averments also.;