POSTMASTER GENERAL KERALA Vs. KIRON RASHEED

JUDGEMENT

(1.) This revision petition is filed by the Postmaster General of Kerala, with a delay of 136 days, over and above the permissible period. In the application seeking to have this delay condoned, an attempt has been made to explain it as the requirement of the Department to follow the administrative formalities." According to the Revision Petitioner (RP/OP), between the receipt of the copy of the impugned order and the decision to file this revision petition, nearly 5 months have been taken for these administrative formalities. Delay of another month is explained as caused by preoccupation of the government counsel.

(2.) This application for condonation of delay needs to be seen with reference to the provision in Section 24 A of the Consumer Protection Act 1986, read with Regulation 14 of the Consumer Protection Regulations 2005. In terms of the same, with effect from 15th March 2003, a revision petition is to be filed within 90 days from the date of the impugned order or the date of receipt thereof. However, Section 24 would allow this Commission to entertain a petition filed beyond this period, if the petitioner is able to satisfy us that he had sufficient cause for not filing the petition within this period." In the present case, we find no sufficient cause to justify the delay of 136 days. The Revision Petition therefore, fails on the ground of limitation.

(3.) Coming to the merits, the only substantive ground for challenge to the order of the Kerala State Disputes Redressal Commission is that under Section 6 of the Indian Post Office Act 1898, the RP/OP incurs no liability for loss, mis-delivery or damage/delay in delivery, except when caused fraudulently or willfully. This ground was raised before, and examined in sufficient detail, in the impugned order. The State Commission has very rightly observed that this provision is not in any way connected with the modernized forms of transactions like speed post, e-mail, money transfer etc."