Non Delivery of Postal Article-District Forum Allowed Complaint
–Department went in appeal in State Commission-Held that officials are being
negligent are liable to pay the amount-Compensation of Rs. 3,000 granted.
On 16.10.2007 a speed post envelope containing two drafts of the
value of Rs. 1, 60,000 were entrusted to the post office speed post. This
envelope was not delivered and when enquiry was made, it revealed that the
envelope was not sent at all and it was returned to the sender on 31.10.2007.
It was in back drop that the claim for compensation was made.
The post office has denied any liability for no delivery of postal
article and referred to the exemption granted by Section 6 of the Indian Post
Office, 1898 and Rule 66 B of the Post
Office Speed Post Rules.
The District Forum has directed to refund charged Rs 25 and has
awarded compensation for mental agony a sum of Rs. 25,000. A sum of Rs. 1,000
has been awarded as costs and the judgment directs that if within 30 days
amount is not paid, 8% p.a. interest would be chargeable.
The Post office went in appeal in State Commission.
In the present case the case falls within four corners of the
exception and displays a glaring example of willful negligence. Under these
circumstances, the official being negligent is liable to pay the amount.
From the above we are clear that respondent is entitled to
compensation for negligence. Accordingly, award of Rs. 25 as postal charges is
just and proper. However, Rs. 25,000/- awarded by the District Forum is quite
high in view of the Legal Position restricting the liability of the Central
Government and we therefore award costs of Rs. 3000/- and the amount awarded by the District
Forum is set aside. The appeal is accordingly disposed of.
Regards
Team, Legal
Point Foundation
For any
Legal query :
Deepak
Miglani Advocate(09958086337, 09215514435)
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