SUB POST MASTER TIRUPUR Vs. V RAMAKRISHNAN

JUDGEMENT

(1.) AFTER having heard the Counsel for both sides we are clearly of the opinion that the State Commission and the District Forum had acted illegally and without jurisdiction in awarding relief by way of compensation to the complainant. The Complainant had despatched by rail a consignment from Tirupur to Howrah and the relative railway receipt was sent by the Complainant by Registered Post from Tirupur to Howrah on 15-12-1990. The grievance with which the complainant approached the District Forum was that the said letter was delivered to the addressee (consignee) only on 27-12-1990 at Calcutta and on account of such delay in the delivery of the registered letter, the complainant had to incur heavy loss by way of payment of demurrage charges to the Railway for non-clearance of the parcel. The District Forum and the State Commission have upheld the case of the complainant and directed the Postal Department to pay to the Complainant Rs. 3,152/- being the demurrage charges that the complainant had to pay to the Railway Authorities at Howrah and also costs of Rs. 400/-.

(2.) THE legality and correctness of the decision so rendered by the lower Forums is challenged in this Revision Petition filed by the Postal Department. Section 6 of the Indian Post Office Act lays down:

(3.) WE set aside the orders of the State Commission and the District Forum and dismiss the complaint petition. But, since the Postal Department had not expressly raised before the State Commission and District Forum the plea that the delay was caused due to the work to rule agitation by the All India Union of National Federation of Postal Employees, we direct that the Postal Department shall pay a sum of Rs. 1,500/- to the complainant by way of costs.