UNION OF INDIA Vs. AMITAVA CHAKRABORTY

JUDGEMENT

(1.) THIS appeal is against the order dated 10.6.1996 passed by the Consumer Disputes Redressal Forum, Dhubri in C.D. Case No. 20/1995 awarding compensation.

(2.) IN the written statement filed by the appellant/opposite party contesting the case, it is stated that the letter in question could not be delivered to the addressee before 16.8.1995 due to circumstances beyond control. The Speed Post bag along with the impugned letter could be despatched only on 16.8.1995 as the train services were cancelled on 12.8.1995 and 14.8.1995 (both working days) and 13.8.1995 and 15.8.1995 being Sunday and holiday, and therefore, the impugned letter could be delivered only on 18.8.1995.

(3.) THE District Forum after hearing the case on the basis of materials on record, found that even though the circumstances were beyond the control, the appellant/opposite party, could not be absolved from the responsibility for failure to deliver the letter by 14.8.1995. The District Forum, therefore, found the appellant responsible for the delay and hence awarded compensation of Rs. 1,500/ - along with expenses of Rs. 10/ - and value of draft of Rs. 50/ - besides costs of Rs. 100/ - for deficiency of service to be paid to the respondent/complainant. The present appeal is against the award of the District Forum as stated above.