PAVIT GARG Vs. BLAZEFLASH COURIERS LTD.

JUDGEMENT

(1.) WE have heard learned Counsel for the parties and have also examined the record of the case file.

(2.) FACTS as they emerge from the record are, that the appellant sent application for the post of Assistant District Attorney, Class -I (Gazetted) through respondent No. 3 on 27.9.2006. Further according to the appellant, he was assured by the said respondent that it will reach the destination the next day, i.e. on 28.9.2006 as generally all letters sent reach the next day. Receipt of courier is issued by said respondent No. 3. Instead of the letter being delivered in the office, i.e. HP State Public Service Commission, Shimla on either the next day or a day thereafter, it reached the said office on 4th October, 2006. As per advertisement last date for receipt of such applications was 30.9.2006, so far candidates like appellant were concerned. In case of other applicants residing in Andaman and Nicobar Islands, Lakshdweep, Ladaakh Division of J&K State, Sikkim, Assam, Tripura, Meghalaya, Nagaland, Manipur, Mizoram, Arunchal Pradesh, Bharmour and Pangi Sub Div. of Chamba Distt., Dodrakwar of Shimla Distt., Kinnaur and L&S Distt. of H.P., last date was 15.10.2006.

(3.) WHILE admitting the receipt of courier, stand of the respondents is, that the same was delivered to the addressee. Respondents further pleaded that at the time of booking, neither any contents nor any date was fixed by the consignor, i.e. the appellant. Similarly there was no plea memo or caution to suggest that it has to reach the destination by a particular date. No relief was admissible against the respondents, and further according to them appellant himself was negligent and had merely taken a chance when he was aware about the last date of submission of the application, when he opted to send the alleged application at the last moment. Without admitting, it is also the stand of the respondents, that their liability as Courier Company was limited to Rs. 100 only. In this behalf reference was made by them to the receipt, copy whereof is at page 25 of the complaint file.