UNION OF INDIA Vs. JUGAL KISHORE

JUDGEMENT

(1.) This appeal is directed against the order of the District Forum, Alwar dated 31.1.1995 whereby the complaint of the complainant has been allowed and he has been awarded Rs.1,463/- as compensation for taxi charges and Rs.1,000/- have been allowed as compensation for mental agony.

(2.) Facts necessary to be noticed for the disposal of this appeal briefly stated are that the complainants sent a telegram on 28.9.1994 through respondent No.4 to their son-in-law Trilok Chand and his wife Smt. Kanchan Devi informing them to come at Alwar but that telegram was not delivered to them upto 3.10.1994 and, therefore, they have to send them a Maruti car for which they have spent Rs.1,463/- and they have claimed Rs.10,000/- as compensation for mental agony.

(3.) The respondents have come with a case that although the telegram was sent in time and was received by Mathura office but from there as the system became faulty, the telegram could not be communicated through telegraphic equipment and it had to be sent by post and, therefore, it was received by them on 3.10.1994 and thus there was no malafides in delivery of this telegram late and, therefore, they are not entitled to pay any compensation.