PRESIDENCY POST MASTER Vs. U SHANKER RAO

JUDGEMENT

(1.) Both the Revision Petition Nos. 175 and 247 of 1992 can be disposed of by this common order as the point involved is similar.

(2.) In Revision Petition No. 175 of 1992, the complainant Dr. U. Shanker Rao, Medical Director, National Medical Hospital, Second Line Beach, Madras, decided to celebrate the fifteenth anniversary of his hospital on 11th March, 1990, at Hotel Woodlands, Madras. It was presided over by the Minister of Health of the Government of Tamil Nadu. It is alleged that about 600 invitation letters were issued and put into post at the Central Post Office Madras, on 5th and 6th March, 1990, which were addressed to industrialists and bankers, etc. Most of the invitations are said to have reached the invitees on 13th and 14th March, 1990 and the function on 11th March, 1990, proved to be a poor show as only 200 persons attended it. According to the complainant, there was gross deficiency in service and negligence on the part of the postal department. He claimed damages in the sum of Rs. 75,661.50.

(3.) The complaint was resisted by the opposite parties. It was contended that no record of unregistered article is kept. The number of invitations posted by the complainant could not be ascertained by the department. The delay, if any, was not wilful or intentional. The opposite parties also relied upon section 6 of the Indian Post Office Act and the guidelines prepared by the deparment to defeat the claim.