POSTMASTER GENERAL ABIDS, HYDERABAD Vs. SHAIK MASTAN VALI

JUDGEMENT

(1.) The appeal is a challenge to the order passed by the District Forum-II, Vijayawada at Krishna.

(2.) The appellants are the postmaster general and two others challenge the impugned order whereof the factual matrix of the case is that the respondent applied for Group-II examinations held by the A.P.P.S.C. The service commission had dispatched hall ticket on 24.9.2005 to the respondent in respect of the examination that was to be held on 8.10.2005 and on the same date at 11.30 a.m. the appellant had delivered the hall ticket to the respondent and thereby deprived him of attending at the examination. The respondent had contended that he lost his future prospects because of negligence of the appellants as he had undergone coaching there were prospect for him to secure the job as also it was last chance for him to appear at the examination and in future he would not be entitled to appear for any of such examination. The hall ticket was dispatched 14 days prior to the date of examination. The respondent had got issued legal notice dated 16.11.2005 to the appellants. The appellant no.2 had given a reply through the appellant no.3 consequent to which the respondent had filed the complaint.

(3.) The appellants resisted the case. It was contended that the hall ticket was posted in Hyderabad on 24.9.2005 and it was promptly delivered on 8.10.2005 at 11.30 a.m. There was no delay caused at Nandigama sub post office in delivering the hall ticket. The appellants not concerned with the preparation of the respondent for the examination and his prospects for securing the job. As per clause 84 of Post office Guide Part I and Sec.6 of Indian Post office Act R/w Sec.3 of the Consumer Protection Act, the Department of Posts is exempted by all responsibilities in cases of loss, mis-delivery, delay, damage to any postal article in course of transmission by post and no officer of post office shall incur any liability by reason of any such loss, mis-delivery, delay or damage unless he has caused the same fraudulently or by his willful act or default. As per clause 170 of Post Office Guide, Part I compensation upto Rs.100/- for the loss of any inland letter is paid if the prescribed registration fees was paid in addition to the postage. The hall ticket was posted without prescribed registration fees. Hence, no compensation can be paid to the respondent. The APPSC authorities had provided the facility getting duplicate hall ticket on the internet in case any candidate has not received his hall ticket sent through post. On 8.10.2005 about 15 hall tickets received and delivered by Nandigama Post Office. The candidates who had not received their hall tickets appeared at the examination by obtaining the hall tickets through internet centre. The APPSC authorities had paid only postage to the department and not the registration fee. If the registration is not paid, the article will be treated as unregistered. No record of unregistered articles is kept either at office of posting or office of delivery or in course of transmission by post. The article received on 8.10.2005 at Nandigama Sub-Post office was delivered on the same date to the respondent. Therefore, there was no deficiency in service. Hence, prayed for dismissal of the complaint.