National Consumer Disputes Redressal
Union Of India (Uoi) vs Dr. Puran Chandra Joshi on 30 March, 2006
Equivalent citations: 3(2006)CPJ120(NC)
ORDER
P.D. Shenoy, Member
1. The complaint was filed by Dr, Puran Chandra Joshi against the Secretary, Department of Posts, g New Delhi, Post Master, Speed Post Centre, Naraina, New Demi and the Post Master, Sub-Post Office, Tarikhet, before the District Forum Almora, He was working as Research Officer in CCRAS, Tarikhet, Almora. It is stated that the complainant's Head Office had sent a Speed h Post Letter No. 2-9/99-CCRS/Estt. dated 31.1.2000 through Speed Post Centre, Naraina on 31.1.2000 vide Ticket No. EE 214976799/N. The said letter was sent to the complainant for inviting him for appearing in an interview for the post of Assistant Director on 9.2.2000 at 11 a.m. in Ministry of Health.
2. According to the complainant, the aforesaid letter was delivered to the complainant on 9.2.2000 at 11 a.m. through Post Office Tarikhet. This can be verified from the Post Office. Tarikhet stamp and peon book. Due to departmental negligence, the said letter could not be delivered to the complainant in time, for which Post & Telegraph Department was fully responsible and the complainant had suffered immense loss due to this departmental negligence because the complainant got this opportunity for the first time in 28 years' service and this could as well be the last opportunity for the complainant.
3. The complainant prayed that to compensate for the loss suffered by him due to negligence of the Postal Department, the respondents maybe directed to pay him a token compensation of Rs. 2,00,000 (Rupees two lakh only) because the complainant would suffer a loss of Rs. 600 per month in his basic pay and allowances, etc.
4. The respondents in the joint reply before the District Forum stated that the complainant is not a consumer of the respondent, the letter reached the Post Office. Tarikhet on 8.2.2000 between 12.30 and 1.00 p.m., hence it was delivered on the next day. If Dak was received before 12.00 noon, it would have been delivered on the same day, otherwise letter is delivered next day. There is no speed post facility available in Ranikhet and Tarikhet. After hearing the arguments on both the parties and perusal of the evidence on record, the District Forum reached the conclusion that the department has not denied that the letter in question was delivered late to the complainant. District Forum held that it is clear that this letter took 9 days for reaching Tarikhet, Delhi. The Post Office rules which were amended after Speed Post system came into existence provide that in case of loss of speed post articles, compensation shall be double the speed post charges or Rs. 1,000 whichever is less. The District Forum awarded a compensation of Rs. 10,000 to the complainant with the cost fixed at Rs. 2,000.
5. Aggrieved by the order of the District Forum, the postal department went up in appeal to the State Commission. The State Commission held that after accepting the speed post letter, the Post Office was bound to deliver it within 24 hours, if not within 24hrs. within 2 or 3 days but it should not have taken complete 9 days. The State Commission declined to interfere with the order passed by the District Forum.
6. Dissatisfied with the order of the State Commission, the postal department has filed the revision petition. The learned Counsel for the revision petitioner submitted a copy of the judgment of this Commission in RP Nos. 157 1997,1006/2001 and 1035/202 dated 18.9.2002 wherein it is held that under Consumer Protection Act, 1986, Consumer Fore cannot go beyond the statutory provisions and grant compensation more than what is statutory fixed. A Consumer Forum is even bound by the terms of the contract, howsoever oppressive these may be unless those terms are against public policy, illegal or void. The statutory provisions i.e., the Indian Post Office Rules, 1933 were framed by the Central Government in the exercise of powers conferred on it by the Indian Post Office Act, 1898 have been amended from time-to-time.
7. By amendment of Statutory Rules in 1986, Rule 66B was introduced w.e.f. 1.8.1986 relating to Speed Post which reads as under:
66-B. Inland speed post service Inland Postal articles may be booked after obtaining receipts, therefore, at the places specified in Column (1) of the schedule below and at the post offices specified in the corresponding entries in Column (2) of the said schedule for delivery under the Inland Speed Post Service subject to the following conditions namely:
(1) Inland Speed Post Service shall be available in respect of all classes of mails which can be sent by registered service;
(2) An inland speed post fee of Rs. 10 per article for distance upto 500 km. and of Rs. 20 per article, weighing upto 5 kg. with an additional fee of Rs. 5 for every additional 54 kg. or part thereof, for distance beyond 500 kms. in addition to the postage and registration fee and air surcharge, wherever applicable shall be prepaid by the sender in the same manner as is prescribed in the case of registered and parcel mail articles;
(3) Articles for booking under this service shall prominently bear on the front the superscription 'Inland Speed Post' and shall also bear the name and address of the sender in addition to that of the addresses including the PIN Codes of the Post Offices of delivery serving the addressee and the sender and their telephone numbers, if any;
(4) Complaints regarding any article booked under this service (including a demand for refund of fees in cases of nondelivery of articles within the stipulated time) may be preferred within three months from the date of booking of the article and shall inter alia contain the number of the article, the date of booking and the name of the office of booking.
(5) There will be no delivery of these articles on Sundays and other holidays in the post offices concerned.
Explanationfor the purpose of this rule "Inland Speed Post Service" means the service which seeks to deliver postal articles within stipulated time, specified in respect of each city or town, as the case may be from time-to-time by a special messenger or conveyance.
8. These Statutory Rules were further to amended by notification No. GSR-40(E) dated 21.1.1999 which inserted the following conditions after condition No. (5) of Rule 66B.
In case of any delay of domestic speed post articles beyond the norms determined by the Department of Post from time-to-time, the compensation to be provided shall be equal to the composite speed post charge paid.
In the event of loss of domestic speed post article or loss of its contents or damage to the contents, compensation shall be double the amount of composite speed post charges paid or Rs. 1,000 whichever is less.
9. It is clear from the above that in case of any delay of domestic speed post articles beyond the norms determined by the Department of Post from time-to-time, the compensation to be provided shall be equal to the composite speed post charge paid.
10. Hence, the complainant is entitled to the composite speed post charges paid as compensation.
11. There shall be no order as to costs.