K K E AMALGAMATIONS Vs. POST MASTER GENERAL

JUDGEMENT

(1.) This is a complaint under Sec.17 read with Sec.12 of the Consumer Protection Act.

(2.) The complainant booked a parcel containing handloom silk sarees to M/s Greenways, Connaught Place, New Delhi valued at Rs.12,415/- in the Branch Post Office, Arunagirichatram, Arni on 1.9.92. The parcel was insured for a sum of Rs.9,000/- after due payment of the insurance charges. The complainant's customer found that the parcel was tampered with and did not accept it. It was returned to the complainant. The complainant demanded Open delivery and at the time of opening, it was found that instead of silk sarees there were other useless materials. There was, therefore, deficiency in service and the complainant has claimed the insured amount with interest, postal charges and compensation in the sum of Rs.1,00,000/-.

(3.) The opposite parties admitted the receipt of the Insured Parcel. It was returned from Delhi and the open delivery was given as demanded by the complainant. It was found that there were polithine covers, brown packing papers, some magazines, etc. The matter was enquired into and it was found that the tampering and abstraction should have been done in between RMS Bhavan Sorting and New Delhi H. O. It is pointed out by the Opposite Party that under Clause 175 of the Post Office Guide the Department can sanction compensation for an insured article not exceeding the amount for which the article has been insured. As such compensation can be granted for the amount not exceeding Rs.9,000/- and the claim for Rs.1,10,734/- is not called for.