SUB POSTMASTER Vs. V RAMAKRISHNAN

JUDGEMENT

(1.) The appeal is against the order of the District Consumer Disputes Redressal Forum, Coimbatore in O. P.102/91 dated 22.8.91. The opposite parties are the appellants.

(2.) One Mr. N. B. Balan delivered one consignment of Shirly droppings to the Southern Railway at Tirupur Station to be transported to and delivery to M/s Akshat Cotton Company at Shalimar in West Bengal under Railway receipt No.476879 dated 14.12.90. The complainant immediately sent the railway receipt to M/s. Akshat Cotton Company by registered post with acknowledgment due on 15.12.90 under a postal registration receipt No.681 dated 15.12.90. The consignment reached the destination on 22.12.90, but the Railway receipt was received by the consignee only on 27.12.90 and hence the goods were taken delivery of on 28.12.90 after payment of demurrage of Rs.3,152/-. It is to recover this demurrage amount, the complaint has been filed against the Postal Department, as the payment of demurrage was due to the delay in the Postal transit of the railway receipt.

(3.) The opposite party denied that there was any delay and contended that the transit of the registered cover was done in due course.