UNION OF INDIA Vs. M L BORA

JUDGEMENT

(1.) Union of India, Department of Post and Telegraph and Ors. have filed this Revision Petition against the decision/order dated 26th April, 2006 passed by the State Consumer Disputes Redressal Commission, West Bengal (for short, the State Commission) in Appeal No. 551/A/2002 whereby the State Commission has dismissed the appeal filed by the Petitioners and affirmed the order dated 16th September, 2002 passed in CDF No. 1203/99 and 1255/99 filed by the Respondent-Complainant. The Petitioners have been directed to pay a total sum of Rs. 2,58,354 in CDF Case No. 1203/99 and Rs. 1,76,244 in CDF Case No. 1203/99 towards the costs and compensation as stated in different heads of account in the complaint.

(2.) Respondent-complainant filed two complaints before the Calcutta District Forum, Unit-1, registered as CDF 1209/99 and CDF-1255, alleging inter alia non-delivery of 532 registered letters containing new share certificates to the respective share-holders in exchange of their old share certificates The posting of such certificates began in 1997 and continued on different dates since then. Those share certificates were of the face value of Rs. 10 each and they were sent to about 20,000 share-holders of the Respondent-company. On being informed by the share-holders that they had not received the new share certificates in exchange of their old ones, the Respondent made enquiry from the Petitioners and was informed that the shares had been lost in transit. Aggrieved of this, the Respondent filed complaint before the District Forum.

(3.) Pursuant to the show-cause notice issued, the Petitioners entered appearance and filed their written objections stating that the complaints filed were baseless, vexatious and frivolous in nature. That Respondent-Complainant was not entitled to any relief in view of Section 6 of the Indian Post Office Act, 1898 which grants complete immunity to the Government for the loss, mis-delivery, delay and damage to the postal articles until and unless it is proved that the loss was caused due to fraudulent and/or wilful act of any officer of the Post Office in mis-delivering or loss of article. On merits, stand taken by the Petitioners was that the alleged registered articles were lost in transit due to 'short landed' of registered bags at different airports in view of short landing certificates issued by the Indian Airlines. It was further stated that Section 3 of the Consumer Protection Act only provides additional remedy for redressal of grievance but if the remedy is barred under any other law, No relief can be granted under the Act. It was submitted that in the present case Section 6 of the Indian Post Office Act bars the claim of the Respondent and therefore, the complaint was not maintainable.