NCDRC

NCDRC

RP/2072/2009

R.K. TANDON - Complainant(s)

Versus

LOYOLA INSTITUTE OF BUSINESS ADMINISTRATION (LIBA), CHENNAI & ORS. - Opp.Party(s)

IN PERSON

23 Apr 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2072 OF 2009
(Against the Order dated 12/08/2008 in Appeal No. 1035/2008 of the State Commission Chandigarh)
1. R.K. TANDONHouse No.718. A Sector. 30-A. Chandigarh -160030, Present Address. Flat No.6. RBI Senior Officer Colony . RED Hills . Hyderabad ...........Petitioner(s)
Versus
1. LOYOLA INSTITUTE OF BUSINESS ADMINISTRATION (LIBA), CHENNAI & ORS.Loyola Institute of business admonistration Liba Loyola College Campus. Nyungambakkam Chennai 2. CHAIRMAN,All India Council for Technical Education(AICTE), HQ 7th Floor, Chandralok Building, JanpathNew Delhi-1100013. ASSISTANT DIRECTORAICTE, Regional Office, House No. 1310,Sector 42 B,Chandigarh-1600364. ASSTT. DIRECTORAICTE,Regional Office, Shastri Bhawan, 26, Haddows Road, Chennai-600006 ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE B.N.P. SINGH ,PRESIDING MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 23 Apr 2010
ORDER

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          Heard learned counsel for petitioner and respondent in person.

Factual matrix are that a registered letter containing valuable documents requiring respondent to appear in medical test sent to addressee was sent back to sender undelivered with postal endorsement “not met”. Respondent having lost opportunity of getting job, took recourse to consumer fora, filing complaint with District Forum, which was resisted by petitioner-authority holding that they enjoy immunity under Section 6 under Post & Telegraph Act, 1898 in case of misdelivery of consignment or its loss or in transit unless fraud or malafide had been established.  District Forum, however, on evaluation of pleadings of parties having overruled contentions raised on behalf of petitioner granted compensation of Rs.10,000/- along with 9% p.a. interest to respondent for loosing opportunity of getting job. Compensation of Rs.5,000/- was also granted for suffering mental agony, in addition to litigation cost of Rs.5,000/-. In appeal that was carried by petitioner, State Commission too having upheld finding of District Forum on basic issue about liability of petitioner to make good loses suffered by respondent, deleted award of Rs.5,000/- for suffering mental agony. Counsel for petitioner refers to plethora of decisions of National Commission, which lay guidelines that unless malafide or willful negligence were not established, Post Offices continue to enjoy immunity in the matter of loss of consignment or its misdelivery under Indian Post and Telegraph Act, 1898. It is brought to my notice that for negligence of concerned postman, departmental inquiry had commenced in which he was found negligent and was directed to be careful in future. There is, however, no evidence that in aforesaid enquiry, malafide or willful negligence was ever attributed to Postman. Regard being had to catena of decisions that in such eventuality liability of post offices shall be restricted to statutory liability of Rs.100/- determined under Rule 72 of Post Office Guide and that being so, finding of State Commission is modified to the extent of liability determined under Rule referred to above. Revision petition accordingly disposed of with no order as to costs.



......................JB.N.P. SINGHPRESIDING MEMBER