POST MASTER, SUB POST OFFICE Vs. AJAY GOYAL

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the order dated 8.6.2012 passed by Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, 'the State Commission') in Appeal No. 631 of 2007 Post Master, Sub Post Office & Ors. Vs. Ajay Goyal by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent filled an application form for admission in the Institute of Chartered Accountants of India and for that purpose obtained bank draft for Rs.3300/-. Complainant sent his application along with bank draft through Regd. post on 22.6.2006 and paid Rs.30/- as postal charges and thus availed services of OP/petitioner. Regd. letter neither reached the destination, nor returned back to the complainant in spite of repeated inquiries. Alleging deficiency on the part of OP, complainant filed complaint for refund of Rs.3300/- along with compensation of Rs.50,000/-. OP/petitioner resisted complaint and submitted that as per provisions of Section 6 of the Indian Post Office Act, OP is not liable for any loss, misdelivery, delay or damage unless it is caused due to fraudulent or wilful act or default on the part of OP. It was further submitted that ex-gratia amount of Rs.100/- was sent in favour of the complainant on 17.10.2006 and denied any deficiency and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay compensation of Rs.10,000/- with cost of Rs.1,000/-. Appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Respondent did not appear even after service.