SUB POST MASTER Vs. V SIVAPALAN

JUDGEMENT

(1.) THE facts of the case are not in controversy. The money order sent in a sum of Rs.700/ - by the complainant on 2.7.1998 to his sister was not received by his sister. The complainant also did not receive the acknowledgement there for. The opposite party sent a duplicate money order for payment of the said amount to the complainant on 30.11.1998. But the complainant refused to accept the same. On 15.12.1998 the opposite party sent a duplicate money order to the address which also refused. Thus, the money order which was sent on 2.7.1998 remained upaid till 30.11.1998. There are no reasons given much less of acceptable nature as to why it was not paid. As usual, the opposite parties would rely upon Sec.48 of the Indian Post Office Act. But a reading of Sec.48 as held by the Lower Forum would show that the present case will not be coverred by the said section. Thus, we find that the opposite party having received a Commission of Rs.35/ - on 2.7.1998 and after booking the money order did not transmit the same and it remained unpaid till 30.11.1998 and, therefore, there is deficiency in service. It follows, therefore, that the order passed by the Lower Forum is justified on the materials and we do not find any reason to differ from the same.

(2.) CONSEQUENTLY , the appeal is dismissed with cost of Rs.250/ -. Time for compliance : Two months.