Heard the learned counsel for both the sides.
2. This appeal is filed U/S-15 of erstwhile Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of the complainant, in nutshell is that the complainant had sent a bank draft of Rs.4,000/- by post on 18.08.2005 but same was lost in transit. After persuasion by the complainant no action was taken by the OP. Hence, the complaint was filed.
4. The OP filed written version stating that the complainant had sent a registered letter which was lost in transit but under Section-6 of the Indian Post Office Act , no compensation is payable for such fact. Therefore, there is no deficiency in service on the part of the OP.
5. After hearing both the parties, learned District Forum passed the following order:-
Xxxx xxxx xxxx
“ In view of our observation cited above, we direct the Ops to anyhow trice out the registered letter carrying valuable bank draft for R%s.4000/- within a month of receipt of this order, failing which the OPs will be liable for payment of Rs.4000/- alongwith compensation of Rs.1000/- towards harassment alongwith interest over Rs.4000/- @ 9 % and litigation cost of Rs.500/- payable to the complainant.
Thus, the case is allowed with cost and compensation.”
6. Learned counsel for the appellant submitted that U/S-66 B and Section-6 of Indian Post Office Act if any postal article is lost, the concerned officer cannot be made liable. Therefore, the impugned order directing to pay compensation and other amount is perse illegal and improper. So, he submitted that the impugned order should be set-aside by allowing the appeal.
7. Learned counsel for the respondent submitted that there is deficiency in service on the part of the appellant because till now the letter has not been traced out and the complainant has lost the amount for which he got the harassment and mental agony. So, he supports the impugned order.
8. Considered the submission of learned counsel for the respective counsels, perused the DFR and impugned order.
9. It is admitted fact that the postal articles sent by the complainant has been lost and subsequently the OP has been informed. Section-6 of the Indian Post Office Act states that allegation should be made within three months from the date of occurrence but here the allegation has not made within three months. However, the complainant has got mental agony due to the postal articles lost in transit. However, Section-6 of Indian Post Office Act enshrines that Postal Officers are not liable if postal article is lost or delay in delivery. At the same time it is stated in such Section that if it is willfully neglect of Act in lack of postal articles, Postal Officer is liable. In this case there is no inquiry made by OP to show that they have no fault or willful conduct. So, in facts and circumstances, Section-6 of Indian Post Office Act is not applicable. It is settled in law by the Apex Court that the amount unless is insured if sent by any other means and same is lost in transit the complainant is entitled to the compensation for mental agony or harassment but not the exact amount sent under the said postal articles.
10. In view of aforesaid discussion, we are of the view that the complainant is normally entitled to compensation of Rs.1000/- but not the amount of the draft. Therefore, the impugned order to pay Rs.4000/- is set-aside. But the compensation for Rs.1000/- and Rs.500/- for cost are hereby confirmed.
11. Thus, the impugned order is partly confirmed. The compensation and cost amount be paid by the OP to the complainant within a period of 45 days failing which 9 % interest will be charged from the date of order till payment made.
The appeal is partly allowed.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith.
