POST MASTER CUDDALORE OT POST OFFICE Vs. NIRMALA

JUDGEMENT

(1.) This is once again a complaint relating to money order. A money order was booked on 29.5.1998 for a sum of Rs.1,400. The money order was not delivered to the person addressed. The Cuddalore Head Post Office has stated that no money order was received at their end. The Superintendent of Post Office, Cuddalore, contacted the Sub-Post Master, Pasupathipalayam who sent a reply to the Superintendent of Post Office under Ex. B4. He has also confirmed that no money order was received at their end. In fine, the complainant was informed that the money order has not been paid either to the payee or returned to the complainant. Thereafter, a duplicate money order was issued to palaiyur post office for effecting payment. But, as it was refused to be received, no further action could be taken.

(2.) The opposite parties are not in a position to say what exactly had happened. The money order booked on 29.5.1998 remained unpaid till 28.8.1998. Conveniently enough, they say that there was some technical defect in postal satellite system. This excuse has become stale. It is not known how a mistake should happen only in one or two cases. If there was really some technical defect, then such a mistake ought to have happened in number of cases and would not have been confined to one or two cases. Therefore, the attempt to hide under the excuse that the satellite system did not function properly is but an excuse now thought for the purpose of the case. The money order is not a postal article. Therefore, Sec.6 of the Indian Post Office Act cannot come to the aid of the opposite parties. The Lower Forum, therefore, rightly held that there was deficiency in service and directed the opposite parties to pay a compensation of Rs.2,000 and a cost of Rs.1,000. Since, there is deficiency in service, while confirming the order of the Lower Forum with regard to the finding of deficiency in service, we would reduce the compensation to Rs.1,000 and cost to Rs.500.

(3.) In fine, we modify the order of the Lower Forum and direct the opposite parties to pay a compensation of Rs.1,000 along with a cost of Rs.500. Time for payment : Two months. Appeal disposed of.