DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.322/2018
Shri Mukesh Kumar
S/o Prem Kumar
5, Motilal Nehru Marg,
Akbar Road, New Delhi ….Complainant
Versus
Department of Posts
Office of the Sr. Superintendent of
Post Offices, New Delhi,
Central Division
New Delhi- 110001
Head Post Master
Rajendra Nagar Post Office,
Rejendra Nagar,
New Delhi- 110060
Chief Post Master
GPO, Patna- 800001
….Opposite Parties
Date of Institution : 26.10.2018
Date of Order : 05.04.2022
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
President: Ms. Monika A Srivastava
The complainant has filed the present complaint seeking Rs.5,00,000/- from the OPs as compensation along with ₹1,00,000 for mental agony and trauma and Rs.50,000 as litigation charges.
The facts leading to the present complaint are that the High Court of Delhi invited an application through advertisement in newspaper for the appointment of judicial magistrate under Delhi Judicial Services examination 2014. The Complainant purchased an application through demand draft dated 07.03.2014 from the counter of the High Court but for some urgent family problem, had to visit his hometown Patna for 15-20 days. The complainant duly filled up the application form, sent the same through speed post from the counter of OP 3 at GPO Patna on 18.03.2014 vide postal receipt number EF457365755 IN at the address F -256 New Rajinder Nagar, New Delhi 110060 to a friend for further submitting the application form by hand at the counter of the Delhi High Court. The copy of the postal receipt dated 18.03.2014 is annexure. It is further stated that the complainant tracked the speed post which was booked by him and as per the track report it reached New Delhi on 20.03.2014.
It is further stated that as per the rules of the Post Office Act there is a clear mandate to deliver any speed post from one metro city to another metro city within the period of 48 hours i.e. 2 working days. Keeping in view of the same, the OP also assured to the complainant that the said speed post would be delivered in a period of 48 hours, two working days of dispatch that is 18.03.2014. It is averred by the complainant that the said speed post reached New Delhi on 20.03.2014 but the speed post was not delivered till 24.03.2014 which shows the gross negligence on the part of OP No. 2. It is stated that time is the essence of the service rendered by the OP and is the soul and basic concern of the postal authorities which OP No. 2 failed to adhere resulting into gross negligence causing great hardship mental stress and trauma to complainant as a result of which the complainant was not able to appear in Delhi Judicial Service Examination 2014. It is stated that the last date of submission of the application form for the said exam was 24.03.2014 and the speed post was also delivered on the same day i.e. 24.03.2014. The complainant states that he has been preparing for this exam for the past two years and that he has spent considerable time effort and money for this exam however due to gross negligence on the part of OP No. 2, his hard work of three years has gone in vain and in addition to it, it is stated that there was a high probability of positive result due to more vacancies in the year 2014.
The complainant states that the OPs are jointly and severally liable to compensate the complainant for loss of 3 years to a tune of Rs.5,00,000/- as compensation.
On the other hand, in their reply the OPs have taken a preliminary objection that the complaint is based on wrong, false, baseless, vague, frivolous grounds and is a total abuse of judicial process. It is stated that the complainant has not come to the court with clean hands and has concealed material facts. It is stated that no cause of action has arisen against the OP and the OP was to only deliver the letter booked by the complainant which duty was duly fulfilled by the OP.
Section 6 of the Indian Post Office Act 1898 states as under:
‘the government shall not incur any liability reason of the loss miss delivery or delay if or damages to any postal article in course of transmission by post except insofar as such liability may be undertaken by the central government or hereinafter provided and no officer of the post office shall incur any liability by reasons of any such loss miss delivery delay or damaged unless he has caused the same fraudulently or by willful act or default.’
It is further stated that the statutory protection to the central government, which is in absolute terms stands as an exception to the general rule relating to the commercial carriers. Post Office is a branch of public service functioning under a statute and liability of mis-delivery or late delivery of an article can be fastened on the postal department or it’s officers only on the basis of express provisions of the Post Office Act. The services rendered by the post offices are merely statutory and there is no contractual liability establishing the post offices and running the postal services, The central government does not engage in commercial transmission with the sender of the article through the post and the charges for the article transmitted by post is in the nature of charges imposed by the state for the enjoyment of the facilities provided by the postal department and not in consideration of any commercial contract. The post offices cannot be equated with a common carrier. To further their argument the OP has relied on “Postmaster Imphal vs Dr. Jamini Devi Sagolvad” and ‘Union of India vs Mohammed Nazim AIR 1980 SC 431’, Union of India vs Surender Kumar Munshi 1995(2) CPJ 43, J&K.
On merits, it is stated that the speed post article was posted on 18.03.2014, it reached New Delhi on 20.03.2014 and reached the delivery office of the destination on 22.03.2014, next day being Sunday, the speed post article was not delivered and the same was delivered to the addressee on 24.03.2014 in the morning. It further stated that as per Citizen Charter (Annexure R-1) of the Indian Post Office, the delivery of speed post article for local and between metro cities take maximum two days from posting, booking to delivery excluding any day of posting holidays and Sundays for local
(within municipal city limits) and between metro cities (Delhi Mumbai Kolkata Chennai Hyderabad and Bengaluru) articles to be posted before cut off time. It is further stated that the article booked by the complainant could not be delivered within two days as the speed post article was booked from Patna which is not a metro city. The time for delivery of speed post article is 4 to 6 days excluding day of posting holidays and Sundays and the article was booked on 18.03.2014 by the complainant and it was delivered on 24.03.2014
i.e. within 5 days, therefore the article in question was delivered within stipulated time.
Rejoinder is not on record but the evidence and written submissions of both the parties are on record. We have perused the file and heard the oral arguments.
After going through the judgments filed by the OP, it is amply clear that in view of Section 6 of the Post Office Act, no liability can be fastened on the OP even if the article was delivered a little late though in this case it cannot be stated that the speed post article was delivered late. As has been explained by the OP as per the Citizen Charter the time within which it is to be delivered is 4-6 days in other cities and the time limit of two working days is only for metro cities and Patna is not a metro city therefore the speed post in dispute was actually delivered within the prescribed time schedule. Therefore, we conclude no deficiency in service is found in the service of the OP and therefore the aforesaid judgment is not applicable to this case. It is further noted that the complainant has not placed on record any document to prove his averments made in the complaint relating to his exam or any loss on account of his not being able to appear in the said exam. Therefore, this complaint fails and is dismissed without any order as to costs.
File be consigned to the record room after giving copy of the order to the parties. Order be uploaded on the website.
