SUPERINTENDENT OF POST OFFICES Vs. RAKESH KUMAR

JUDGEMENT

(1.) THIS appeal is directed against order dated 20.3.2008 passed by Palamu District Consumer Disputes Redressal Forum at Daltonganj, in Consumer Complaint No. 47 of 2007, whereby for deficiency in service, opposite party -appellant was directed to pay Rs. 1,000 as compensation for mental agony and Rs. 1,000 as cost of litigation. The appellant was further directed to pay the said amount within 60 days from the date of order, failing which interest @ 6% was payable from the date of order till the date of payment.

(2.) THE appeal has been filed on 2.5.2008 whereas limitation period expired on 19.4.2008. A petition for condonation of delay under Rule 8(4) of the State Rules has been filed wherein it is stated that free copy of the impugned order was received by the Advocate of the appellant on 10.4.2008 and thereafter completing necessary official formalities including obtaining sanction to file appeal, it could be filed on 2.5.2008. It is further stated that delay caused in filing appeal was neither intentional nor deliberate. These facts remain uncontroverted. Obviously, appeal has been filed within 30 days from the date of receipt of the free copy of the impugned order. An endorsement regarding receipt of the free copy of the impugned order appears to have been made by the concerned Advocate in the corner of the 1st page of the impugned order, which is dated 10.4.2008. In the circumstances, 13 days' delay caused in filing appeal from the date of impugned order, is condoned.

(3.) COMPLAINANT -respondent had filed complaint against the opposite party -appellant before the Palamu District Consumer Forum at Daltonganj claiming Rs. 9,000 as compensation. His case was that he sent a letter containing a draft for Rs. 3,000 and other articles by speed post from Kutchery Post Office, Daltonganj to Anil Kumar Gupta on his address at Panipat, Haryana, on 14.5.2007. But the said letter did not reach the addressee till filing of the complaint. On complaint made by the respondent to the Sub -Post Office, Daltonganj, he was informed that the letter in question was delivered to Anil Kumar Gupta on 18.6.2007. Thereafter, the respondent contacted Anil Kumar Gupta, but he informed that the said speed post letter was not received by him. Then the respondent filed the complaint.