State Consumer Disputes Redressal Commission
Sub Post Master vs Premilaben P Vaghjiyani on 14 February, 2022
Details DD MM YY
Date of Judgment 14 02 2022
Date of filling 04 02 2020
Duration
IN THE CONSUMER DISPUTES REDRESSAL
COMMISSION, GUJARAT STATE AT AHMEDABAD,
Court-2.
APPEAL NO. 474 of 2020
1. Branch Manager/Sub Postmaster,
Sukhpar Post-Office, Sukhpar,
Tal: Bhuj-Kutch
2. Manager, Bhuj Post-Office,
Near, Laltekri, Bhuj-Kutch
3. Superintendent, Head Post-Office,
Near Pawanchaki, Jeshtanagar,
Bhuj-Kutch ...Appellants
(Ori. Opponents.)
Vs.
Premilaben Premji Vaghjiyani,
Junawas Sukhpar,
Ta: Bhuj-Kutch ...Respondent
(Ori. Complainant)
Appearance: Ld. Advocate Mr.H.D.Shukla
for the appellants
No one remains present
for the respondents
Coram : Shri M.J.Mehta Judicial Member
Order by Shri M.J.Mehta, Judicial Member
1. Being aggrieved and dissatisfied with the judgment and order dated 22.07.2019 passed by the Consumer Disputes Redressal Forum, Bhuj- Kutch in Consumer Complaint No. 105 of 2017.
2. The appellants have preferred instant appeal on the grounds that the impugned order is arbitrary, perverse and is bad in law.
B.H.Gadhavi A-20-474 Page 1 of 63. The brief facts of the case are as under:
Complainant had sent a parcel to her husband on 18.06.2016 for that charge of Rs. 1,795/- was paid vide receipt No. A CG3026579011N the but the said parcel did not reach to the husband of the complainant and that's why she moved before the Post department however, no response was given by the Ori. Opp. side and ultimately complaint has filed after issuing due notice to the respondent.
4. Complainant have relied upon the documentary evidence mark 3/1 to 3/8 before the Ld. Trial Forum, after hearing both the sides parties came to conclusion that in absence of the Ori. Opp. reply or nothing is on record, at the time of argument Ori. Opp. has taken defense before Ld. Trial Forum by submitted one decision of State Consumer Disputes Redressal Commission, Ahmedabad decided in Appeal No. 261/2011 dated 04.10.2018 wherein it is stated that as per the provision under Section 6 of Indian Post Office Act,1898 which states that "6. Exemption from liability for loss, misdelivery, delay or damage.- The [Government] shall not incur any liability by reason of the loss, misdelivery or delay of, or damage to, any postal article in course of transmission by post, except in so far as such liability may in express terms be undertaken by the Central Government as hereinafter provided; and 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."
Wherein it provides that responsibility of Postal Department cannot be held and thereby ultimately Ld. Trial has partly allowed the complaint and partly allowed of Rs. 15,000/-
B.H.Gadhavi A-20-474 Page 2 of 6and also cost Rs. 4000/- and Rs. 4000/- for the mental agony suffered by the complainant.
5. Ld. Ad. for the appellant Mr. H.D. Shukla has submitted before me that respondent are duly served upon here for this appeal and thereafter respondent has filed their written argument in support of the Ld. Trial Forum decision and this court has gone through it.
6. Ld. Ad. for the appellant Mr. H.D. Shukla has submitted before me the Section 6 of Indian Post Office Act,1898 wherein Postal Department Exemption from liability for loss, mis-delivery, delay or damage and Rule 170 of the Post Office Guide Rules which is as under:
"170. Compensation. - (1) The Head of the Circle may grant to the sender, or at his request to the addressee solely as an act of grace, and not in consequence of any legal liability compensation up to a limit of Rs.50 for the loss of any inland letter, packet or parcel, or its contents or for any damage caused to it in course of transmission by post, subject to the following conditions:-
(a) That the prescribed registration fee shall have been prepaid in addition to the postage.
(b) That the application for compensation shall have been made within three months of the date of posting of the article in the case of loss of the article, and within one month of the date of delivery of the article in the case of loss of contents or damage.
(c) That the amount of compensation shall not exceed the actual amount of the loss or damage and that such amount can be referred directly to some loss or damage.
(d) That the decision of the Director-General on all questions of compensation shall be final.
(2) No compensation will be given in the following cases:-
(a) For loss or damage. - In case in which this has been caused by the fault or negligence of the sender, or in which the contents of the registered article were articles which are not allowed to be sent by the Inland Post.
(b) For damage, in cases in which the contents of the registered article are liquid or perishable articles or articles of an exceptionally fragile nature.B.H.Gadhavi A-20-474 Page 3 of 6
NOTE 1: No compensation will be given in cases in which the registered article contained anything the insurance of which is obligatory or which is not allowed to be sent in a letter, packet or parcel as the case may be. NOTE 2: In no case will compensation be given on account of postage, registration or packing charges. NOTE 3: The period of three months prescribed in clause 170(i) shall be extended to one year in the case of V.P. articles as laid down in clause 197 and to six months in the case of registered articles addressed to or sent by members and units of Armed Forces."
And thereby according to the submission on behalf of the Ld. Ad. for the appellant side that Ld. Trial Forum has not considered their arguments at the time of proceeding.
7. Here respondent side has submitted written arguments along with the judgement delivered by National Consumer Commission Dtdc Courier and Cargo Ltd. Vs Amardeep Singh decided on 23.04.2013 wherein company was held responsible and amount was awarded to the complainant.
8. Ld. Ad. Mr. H.D.Shukla has submitted before me that here in the case that statutory amount should be paid by post officer are governed by the rules and regulation of the Indian Post Office Act and Post Office Guide Rules as it is mandatory no discretionary statutory provisions are there.
9. Moreover Ld. Ad. Mr. H.D. Shukla has drawn my attention on decision of the National Consumer Commission New Delhi Revision Petition No. 3125 of 2016 wherein Hon'ble National Commission very well decided is that the relationship between the sender of a postal article and the post office is governed by the B.H.Gadhavi A-20-474 Page 4 of 6 Indian Post Office Act that not by law of contract or tort. There is no liability at all for loss or non- delivery of a postal article except in so far as the specifically provided the Statute under Section 33 and Section 6 or any other regulation or rule.
10. Further, Ld. Ad. Mr. H.D. Shukla has submitted here that the case the disputed article was not insured with the post office department so it does not come within the purview of the Indian Post Office Act, Post Office Guide Rules.
11. Thereby I gone through the document produced before me, and argument advance by both the parties looking to the facts and circumstances I came to conclusion that Postal Department is very well exempted from the above disputed responsibility within the purview of Section 6 of the Indian Post Office Act, 1898 and also from the rule 170 Post Office Guide Rules, considering this aspect the appeal is allowed.
FINAL ORDER
i) Appeal No. 474 of 2020 is allowed.
ii) The judgment and order dated 22.07.2019 passed by the Consumer Disputes Redressal Forum, Bhuj-Kutch in Complaint Case No.105 of 2017 is quashed and set aside.
iii) Registry is hereby directed to pay the deposited amount, with accrued interest on proper verification to the appellant by account payee cheque and the cheque may be handed over to B.H.Gadhavi A-20-474 Page 5 of 6 the learned advocate for the appellant after obtaining receipt.
iv) Registry is directed to send certified copy of this judgment to the parties. Registry is directed to send a copy this judgment to the CDRF Bhuj- Kutch through E-mail in PDF format for taking necessary action.
Pronounced in the open court on 14th February 2022.
(M.J.Mehta) Judicial Member B.H.Gadhavi A-20-474 Page 6 of 6