BUSINESS MANAGER Vs. R.K. ROY

JUDGEMENT

(1.) The opposite party is the appellant. The appeal is filed against the order of the District Forum contending that the postal article in dispute has reached the US and was delivered to the addressee and received by Mary Hardy. The envelope was received by Mary Hardy at the given addressed as mentioned in the envelope. The complainant is a business man and the consumer dispute relates to the business based on profit. Article 21 Section K of the constitution of EMS-Universal Postal Union is not applicable to the facts of the case as there was no theft or loss recorded on delivered item. As per rule 66B of Indian Post Office Rules, 1933, the liability of the postal department in case of delay in delivery of speed post article beyond the norms determined by the department of posts from time to time, the compensation is equal to composite speed post charges paid in the event of loss of domestic speed post article or loss of contents or damage to the contents, the compensation shall be double the amount of composite speed post charges paid or Rs.1000/- whichever is less. In case of loss of an international speed post article, the amount of compensation is to be paid at 30 SDR as per the Government of India, Ministry of Communication, Department of Posts, Memo No.19-1/95-BA dated 11.7 .1996.

(2.) The other grounds of appeal are that the District Forum has granted the relief of 150 SDR instead of 30 SDR as contended by the complainant. As per 6 of Indian Post office Act, 1989, the opposite party is not liable for any loss or mis-delivery or delay in delivery of postal article unless it was done fraudulently. The District Forum has not considered the submission of the opposite party that the order in R.P.No.15 of 1997 between Head Post Master, Post Office, Railway Road, Kurukeshetra, Haryana and others Vs RC Puri. As per Clause 107C of post office guide Part II the delivery of foreign parcels in the country of destination is governed by the International Regulations. In many countries uninsured parcels are treated as unregistered parcels and no receipt is taken at the time of delivery of the parcel.

(3.) The facts of the case are that the complainant had sent an article through speed post, Dept. of Posts, Nehru Nagar Post Office under barcode EE 6233353661N and paid Rs.500/- towards the charges. The parcel was addressed to Indrani Jagmohan, 10, Rockway Heights, 7 Rockway Drive, Southampton SB02, Bermuda. The complainant after his retirement from service has been a free lance agent of principals at the USA and receives commission. The complainant as such is self employed. The parcel contained exquisite Indian Herbs and Extracts such as pure Kashmir saffron, pista, extracts of almond, walnut, elachi, cardamom, shilajit etc., used for medicinal use and culinary purpose as well. The declared value for the customs was 50USD. The complainant informed the speed post office on 15.5.2008 that the parcel was not delivered at the destination. The complainant addressed a letter dated 21.6.2008 to the Nehru Nagar Post office. The complainant has sent reminder and paid personal visit to the office of the opposite party. The article was not traced . The complainant prayed for a sum of Rs.2600/- towards the value of the article and Rs.4,208/- towards compensation.