Harassment by National Postal Services Staff: What Are Your Legal Options?

Harassment by National Postal Services Staff: What Are Your Legal Options?

If you are stuck in such a situation, here is what to do.

Mr. Sameer, a software engineer from Rampur, recently visited his local National Postal Services office to send a parcel containing a book to a colleague. Being his first time, he was unfamiliar with the procedures. The clerk at the counter, Mr. Verma, seemed determined to make the process as difficult as possible. Initially, he refused the parcel, claiming the book might get damaged. Sameer went home, packed it securely in a small box, and returned.

Upon his return, Mr. Verma repeatedly questioned if the box contained electronics, despite Sameer’s clear denials. He only proceeded after a senior colleague prompted him to accept the parcel. After Sameer placed the packed box in an envelope and sealed it with glue, Mr. Verma insisted that tape was necessary as the glue might not hold. When asked if the post office had tape, the clerk bluntly said “No.” Sameer had to go out, buy a roll of tape, and secure the package himself. Throughout this interaction, Mr. Verma was disrespectful and condescending, even though Sameer addressed him politely as “Sir.” Meanwhile, numerous other customers were served quickly and courteously.

The clerk’s attitude shifted slightly after he noticed Sameer’s address, which indicated he worked for a prominent tech firm. He then insisted that Sameer’s job title must be written on the envelope for it to be valid. Sameer complied, writing “Software Engineer.” Next, Mr. Verma claimed the recipient’s pin code was incorrect, even though Sameer had received many packages at that same address with the same pin code. To avoid further conflict, Sameer changed it as instructed.

The final provocation came when Mr. Verma insisted that the sealed fold of the envelope also needed to be taped over. At this point, Sameer was about to leave in frustration but controlled his anger as the parcel was important. In a final, galling move, Mr. Verma then offered him a roll of tape from his drawer. Infuriated, Sameer refused the offer, used his own tape, and finally managed to send the parcel. The entire ordeal took nearly an hour, while others were in and out in minutes. This experience highlights a clear case of arbitrary harassment and deficiency in service by a public servant.

Advice in such cases

When faced with such unprofessional and obstructive behavior from a public servant, it is crucial to remain calm but firm. Documenting the incident in detail is the first step towards seeking accountability. Engaging with the system through formal complaints is more effective than confronting the individual directly, which can often escalate the situation without resolution.

Applicable Sections of Law

While general rudeness is not a specific criminal offense, the behavior described can be categorized as a “deficiency in service” under the Consumer Protection Act, 2019. As the individual is a customer paying for a service, he is entitled to a certain standard of care and professionalism. Additionally, if the public servant’s actions are proven to be a deliberate dereliction of duty intended to cause harassment or injury, provisions related to misconduct by a public servant under the Bharatiya Nyaya Sanhita (BNS), 2023, could potentially be explored, although this is a higher threshold to meet in such cases.

If you are the complainant

  • Gather all details of the incident, including the date, time, location of the post office, and the name or description of the employee involved.
  • Keep the receipt of the postal service as proof of the transaction.
  • File a formal grievance through the official online portal or written complaint system of the National Postal Services. Clearly state the facts and the nature of your complaint.
  • If the departmental inquiry is unsatisfactory, you can file a complaint with the District Consumer Disputes Redressal Commission for “deficiency in service” and seek compensation for the harassment and mental anguish caused.
  • Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A Good lawyer can get the issues resolve in 7-10 days.
Harassment by National Postal Services Staff: What Are Your Legal Options?

If you are the victim

  • Do not engage in a verbal altercation. Remain calm and assertive in your communication.
  • Ask for the employee’s name and identification number. If they refuse, note down their physical description and the counter number.
  • If possible, ask to speak with the Post Master or the senior-most officer on duty to report the behavior immediately.
  • Create a detailed written record of the conversation and events as soon as possible, while the memory is still fresh.
  • Do not be intimidated into leaving. Insist on receiving the service you are entitled to, provided you have fulfilled all the necessary requirements.

How the police behave in such cases

In situations involving rude or obstructive behavior without any physical assault or criminal intimidation, the police are unlikely to register a First Information Report (FIR). They will typically view this as a service-related grievance rather than a cognizable criminal offense. They would rightly advise you to file a complaint with the concerned department’s vigilance or grievance cell or to approach a Consumer Forum. As per the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police focus on investigating cognizable offenses, and a matter of poor service quality does not fall into that category. They may, at most, make a note of the complaint in a general station diary.

FAQs people normally have

Harassment by National Postal Services Staff: What Are Your Legal Options?

What evidence is required?

  • The postal receipt is the primary evidence that you availed a service.
  • A detailed, chronological written account of the incident.
  • The reference number or a copy of the complaint filed on the department’s grievance portal.
  • If any other customers witnessed the incident and are willing to testify, their contact information can be valuable.
  • Any physical evidence, such as the unnecessarily taped package (if you have a photo).

How long will the investigation take?

An internal departmental investigation by the National Postal Services can take anywhere from a few weeks to a couple of months, depending on their internal procedures. A case filed in a Consumer Disputes Redressal Commission can be a longer process, often taking several months to a year or more to reach a final decision, depending on the caseload of the commission and the complexity of the matter.

Advocate Sudhir Rao, Supreme Court of India

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