PRAVAR ADHEEKSHAK, POST OFFICE Vs. HARIMOHAN LOWANSHI

JUDGEMENT

(1.) THIS appeal has been filed on being aggrieved by the order dated 12.5.2008 of the District Consumer Forum, Hoshangabad in Complaint Case No. 74/2007 whereby the District Forum for wrong delivery of a registered post has awarded Rs. 2,000 as compensation and Rs. 1000 as costs.

(2.) LEARNED Counsel for the appellant has at the out set, invited our attention to Section 6 of the Indian Post Office Act, 1898 which accorded exemption, according to the learned Counsel, from the liability for misdelivery, delay or damage of a postal article. For better understanding of the argument of the learned Counsel the said provision is reproduced hereinafter: Exemption from liability for loss, misdelivery, delay or damageThe 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 insofar 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 wilful act or default.

(3.) A bare perusal of Section 6 clearly shows that if liability in express terms is undertaken by the Central Government as provided therein, the exemption to that extent, stands obviated. Postal article has been defined under Section 2(i) of the Act and reads as under: 2(i) The expression postal article includes a letter, postcard, news -paper, book, pattern or sample packet, parcel and every article or thing transmissible by post.