Heard learned counsel for the appellant. It is a matter of 2004. Therefore, we are inclined to dispose of the matter.

2.      It appears from the beginning of the impugned order that the complainant applied for the post of Junior operative training in NALCO. Although letter was issued before right time of interview but it was received on 21.04.2003 although the date of interview was 20.04.2003. As such complainant was  debarred from getting the job. Therefore,  alleging deficiency in service on the part of the O.Ps, the complaint was filed.

3.      The O.Ps filed written version stating that they have got the letter on 21.4.2003 and immediately served on the complainant. The letter was sent from Deogarh Post office to Angul. As such there is no deficiency in service on the part of the O.Ps.

4.      After hearing of both parties, the learned District Commission has passed the following order:-

              xxx                        xxx                          xxx

“After a careful consideration  we are of the opinion that due to the negligence and deficiency service caused by the O.ps, the complaint sustained loss. In result we allow the case of the complainant and directed the O.Ps jointly to pay a compensation of Rs.5,000/- ( five thousand) and Rs.500/- as cost of the proceeding within one month from the date of order.”

5.      Learned counsel for the appellants submitted that the letter under certificate posting is a normal letter. But they have no knowledge regarding the date of interview fixed to 20.04.2003. Apart from this,  under the provision of section-6 of Indian Post office Act,1898,  the delay in delivery of the letter, the postal authority is not  made liable. Therefore, he submitted to allow the appeal by setting aside the impugned order.

6.      Considered the submission. Perused the DFR and impugned order.

7.      When the letter with envelope has been received on 21.04.2003 and the complainant was to appear the interview  on 20.04.2003, the postal authority is not made responsible. Apart from this, under the provision of section-6 of Indian Post Office Act-1898, the delay of despatch of letter cannot make the postal authority liable. There is no negligence, fraud or misappropriation or any other things alleged in this case. Therefore, we are convinced with the reasons stated in the appeal memo. Therefore, the impugned order is liable to be set aside and is set aside.

8.      The  appeal stands allowed. No cost.

         DFR be sent back forthwith.

Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.