Present         (1)      Sri Nisha Natha Ojha,

                              District & Sessions Judge (Retd.)

                              President

                    (2)      Sri Sheo Shankar Prasad Singh,

Member

                    Date of Order-       14.01.15

ORDER

 Nisha Nath Ojha  

1. The complainant has filed this complaint petition for directing the Opposite parties :-

1. To pay compensation to the complainant for lost Dollars as well as for his son’s career.
2. To pay Rs. 2,00,000/-(Two lacs only) to the complainant for mental and physical harassment.

2. The complainant in this instant complaint petition has asserted following facts:-                             

1. The complainant applied for admission to M.B.B.S course in 2008 in B.P Koirala Institute of Health Sciences , Dharan (Nepal) in prescribed application Form obtain at the cost of  Rs.625 from the counter of the said college.
2. After duly filling the Form and annexing Examination Fee of 45 U.S Dollars in the shape of Bank Draft from S.B.I, Patna in favour of the said institute and sent them by speed post from G.P.O, Patna on 11.07.2008 and the same was expected to reach the institute by 16.07.2008 (i.e. annexed as Annexure-2).
3. It is further stated that the scheduled date of entrance examination was on 1^st August 2008 at 9:30 A.M and hence the complainant along with his son namely Rahul Kumar went to Dharan (Nepal) on 31^st July 2008 and visited the Institute.
4. To the utter surprise of the complainant it was found by him in the Institute that the application for examination along with Bank Draft of U.S 45 Dollars has not reached there and hence  son of the complainant was not allowed to sit in the examination.
5. The application of examination and Bank Draft is still traceless till date and despite visit of the complainant to the office of the Opposite party several times without number no one is giving specific answer to the quarries of the complainant.

3. Opposite Parties have made following assertion in their /Show cause /written statement:-.

1. The complainant booked his article at Patna G.P.O on 11.07.2008 and the same was dispatched to territory of Nepal on the same day without delay.
2. It is further stated that as per Postal Department Rules regarding Speed Post articles, the preservation period of relevant records regarding booking, dispatch, delivery etc. is only six months and after this period they are weeded out. If any complaints or case is lodged before six months, they are kept preserved but in the instant case, no complaint or case was filed before six months from the date of booking of the article, subsequently records were weeded out.
3. Since this is a time barred case as per Postal Rules, hence this complaint case is fit to be dismissed. The limitation bars this case as per Director General, Department of Posts, India, New Delhi Notification No. 3-22/90-P/Comp dated 14.06.1990, complaint regarding Speed Post articles can be entertained within two month from the date of its booking. In the instant case the complainant booked the article on 11.07.2008 and filed the case on 02.08.2010 i.e. after two years i.e. beyond limitation and the case is fit to be dismissed on the ground of limitation.
4. The speed post service is not a contractual service. The Opposite parties have not entered into any contract with the complainant for the article in issue; hence the question does not arise here for the “Breach of Contract” and denied the same.  

We have heard the counsels for the parties at length. It is case of the complainant that on 11.07.2008 he sent speed post containing application and examination fee of 45 U.S Dollar for service on B.P Koirala Institute of Health Science, Dharan, Nepal and when he reached the institute on 16.07.08 with his son he found that speed post was not delivered on addressee in Dharan, Nepal. It is asserted that due to non-delivery of aforesaid speed post in time his son could not appear in Medical Entrance Exam which commenced from 01.08.2008. It has been also asserted that the said letter is still trace less. The Opposite party has asserted that the article booked at Patna G.P.O on 11.07.2008 was dispatched on same day to the territory of Nepal and the Opposite party has nothing to do with transmission and delivery of the article in foreign country. It has also been asserted by the Opposite party that any application to know the fate of any article etc. can only be filed within prescribed time of six month as the relevant record is only preserved for six months only.

It is needless to say that Dharan is situated in Nepal where Indian laws and rules are not applicable. Apart from this fact, the speed post was sent on 11.07.2008 while this case has been filed in this Forum on 30.03.2010 i.e. delay of absent one and half years after.

It goes without saying that the complainant has himself asserted that in that speed post cover, he has annexed 45 U.S Dollar as fee of the institution whileclause 184 of section II of Post office Guide part. I clearly say that coins, bullion, platinum, precious stone, bank notes etc. can only be sent by insured parcels and not with letters. Apart from this section 6 of the Indian Post Act, 1898 clearly says that the government shall not incur any liability by reason of loss, misdelivery or delay or damage to any postal order in transmission by post unless the same is caused due to willful act or default of an employee. There is no chit of paper to show that the scrolled non-delivery of letters was due to willful act of any employee etc.

For the discussion We find no merit in this case and as such this case stand dismissed.

Member                                                                      President