POSTMASTER GENERAL Vs. K.CHRISTOPHER

JUDGEMENT

(1.) This appeal is preferred by the opposite party against the order dated 31.3.08 of CDRF, Kozhikode in CC.395/06 Wherein and whereby HE IS under directions to pay to the complainant a sum of Rs.2,000/- as compensation and a sum of Rs.425/- being the value of postal charges and Rs.500/- as costs.

(2.) The complainant?s case before the Forum below was that he had sent two documents by speed post on 1.12.05 to his son at CaymanIslandand that the postal articles did not reach him. Though the opposite party promised to conduct a detailed enquiry, the same was not done and that the articles sent were lost. It is also alleged that the Superintendent of Post office, Kozhikode Division sent a letter to the petitioner stating their willing to compensate the petitioner by giving the speed post charges of Rs.850/-. Alleging deficiency in service, the complaint was filed praying for directions to the opposite party to pay a sum of Rs.10,000/- as compensation and costs.

(3.) The opposite party entered appearance and filed version admitting the entrustment of the articles and further submitting that the articles were handed over to Air Franceon 2.12.05 itself and it was from that point that the articles were lost. It was also contended that as per clause 84 of the Post Office Guide Part I, the opposite party is exempted by law from all responsibility in the case of loss, mis-delivery, delay or damage to any postal article in course of transmission by post. They were ready and willing to pay the amount of Rs.850/- being double the amount of the charges collected from the complainant.