DEPARTMENT OF POSTS Vs. K RAVIKUMAR AND ORS

JUDGEMENT

(1.) THE order dated 30.4.09 of CDRF, Thiruvananthapuram in OP458/99 is being assailed in this appeal by the third opposite party. As per the impugned order, opposite parties 1 to 3 are jointly and severely liable to pay to the complainant a sum of Rs. 25,000/ -with cost of Rs.2,000/ - within 2 months, failing which the amount shall carry interest at 12% per annum from the date of default till date of payment.

(2.) THE complainant has approached the Forum stating that in response to a newspaper advertisement for the post of Manager in South Indian Federation of Fishermen Societies he had applied for the said post and that the society sent a telegram to the complainant directing him to appear for an interview on 8.5.99. As the complainant was not in receipt of any intimation, he contacted the society and came to know that a telegram was already sent to him on 5.5.98 itself. The complainant's case is that when he contacted the Alamcode post Office, he was informed that no such telegram was received in that Post office and on insisting for the telegram the register was verified and he was told that a telegram was received by them and they had handed over the same on 17.5.99 Alleging deficiency in service in not delivering the telegram on time, the complaint was filed praying for directions to the opposite parties to pay a sum of Rs 2 lakhs as compensation and Rs 50,000/ - for the mental agony suffered by the complainant.

(3.) RESISTING the complaint, the opposite parties filed version contending that the complaint is not maintainable before the forum and that they are protected under Section 6 of the Indian Post office Act and Section 9 of the Indian Telegraph Act Seeking refuge under the said provision they prayed for dismissal of the complaint.