RESERVED

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No.3066 of 1999

M/s William Cox & Co. through its Proprietor,

Nayyar Villa, Tamoli Para, Aligarh.               ...Appellant.

Versus

1- Postal Department through Sr. Superintendent of

    Post Offices, Morris Road, Aligarh.

2- Punjab National Bank, Bank Road,

    Jai Nagar, District Madhuwani (Bihar)

    Through Manager.                                .…Respondents.

Present:-

1- Hon’ble Sri A.K. Bose, Presiding Member.

2- Hon’ble Sri Jugul Kishor, Member.

Sri O.P. Duvel for the appellant.

Dr. U.V. Singh for the respondent.

Date      5.12.2014

JUDGMENT

Sri A.K. Bose,  Member- Aggrieved by the judgment and order dated 24.9.1999, passed by the Ld. DCDRF, Aligarh in complaint case No.81 of 1999, the appellant M/s William Cox & Co. through its proprietor has preferred the instant appeal under Section 15 of the Consumer Protection Act, 1986 (Act 68 of 1986) on the ground that the impugned judgment and order passed by the Forum below is arbitrary, perverse and is bad in the eye of law and, therefore, it has been prayed that the appeal be allowed and the impugned judgment and order passed by the Forum below be set aside otherwise the appellant will suffer irreparable loss.

(2)

          From perusal of the records, it transpires that the appellant/complainant is manufacturer and supplier of locks at Aligarh. One M/s Deveo Trading Co., Jainagar, Madhubani (Bihar) placed an order for supply of locks and in pursuance thereof, the appellant/complainant dispatched locks worth Rs.24,715.00 through Dhillon Transport Agency and the documents relating to the said consignment were sent to Punjab National Bank by means of registered letter bearing no.39 of 13.10.1997. It was alleged that the said documents comprising Bill, Hundi, G.R. etc. failed to reach its destination. However, postal authorities confirmed service of the registered letter over the Punjab National Bank. It has been alleged that due to remiss on the part of the postal authorities, the appellant failed to get the payment of the consignment. Consequently, he filed complaint no.81 of 1999 for redressal of its grievances in which the Forum below on the basis of facts, circumstances and evidence available on record, dismissed the complaint on 22.9.1999. Aggrieved by this order, the instant appeal has been filed.

          We have given due consideration on the facts of the case. The appellant sent the documents by registered post and alleged that the same never reached its destination but no evidence of its failure to reach its destination has been admitted by the addressee Bank. The Forum below took notice of this fact and in view of the provisions contained under Section 6 of the Indian Post Offices Act, 1898, dismissed the complaint. Section 6 of the Act provides that the Government shall not incur any liability by reason of

(3)

the loss, misdelivery or delay of, or damage to, any postal article in course of transmission by post except in sofar as such liability may in express terms be undertaken by the Central Government as hereinafter provided, an no officer of the post office shall incur any liability by reason of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his willful act or default". In the instant matter, no allegation of any willful act or default or fraudulent intension has been alleged. The Forum below took all these facts into consideration before passing the impugned order. There is no irregularity or illegality in the same and, therefore, we are not inclined to interfere in it. Consequently, the appeal being violative of Section 6 of the Act, 1898 is liable to be dismissed.

ORDER

          The appeal is dismissed. No order as to costs. Certified copy of the judgment be provided to the parties in accordance with rules.

         (A.K. Bose)                               (Jugul Kishor)

    Presiding Member                             Member

Jafri ST G-1

Court No.5