POSTAL AND TELEGRAPH DEPARTMENT Vs. RANDHEER CONSTRUCTIONS CO

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 29.2.2000, in Complaint No.28/1999 by District Consumer Disputes Redressal Forum, Sarguja (hereinafter called 'district Forum' for short) whereby the appellant has been directed to pay compensation of Rs.10,000/- along with Rs.1,000/- as cost of the tender form sent through speed post, Rs.40/- as speed post charges and Rs.500/- as cost of the litigation.

(2.) It is now not in dispute that the complainant/respondent No.1 in response to the tender issued by the respondent Nos.2 and 3 had despatched his tender form by speed post on 24.11.1998. Receipt was issued by the appellant.

(3.) According to the complainant the delivery of the said envelope should have been made within 24 hours of the despatch. However, the said envelop was not so delivered. The same was returned by the respondent No.2 stating that the envelop has been received after the due date i. e. , 28.11.1998, hence it was being returned. The complainant averred that he suffered loss as his tender did not reach the respondent No.2 within the time prescribed by him. According to the complainant Rs.40/- were paid by him towards the speed post charges. The complainant/respondent, therefore, claimed total compensation of Rs.4,41,000/- as also refund of the tender form charges of Rs.1,000/-, speed post charge of Rs.40.00 as also costs of the complaint.