SUPTD OF POST OFFICES Vs. JHABBU LAL SHARMA

JUDGEMENT

(1.) On 12.11.2001 respondent was present in person and he had stated that the case be decided on merits as he will be unable to attend to the case on different dates as he is poor man. So his presence was exempted.

(2.) This is an appeal by the Postal Department against the judgment of the District Forum dated 21.8.2001. The complaint of the complainant was allowed by the impugned order dated 21.8.2001 in the following terms:

(3.) Brief facts are that the complainant had booked a money order for Rs. 2000 vide receipt No. 3020 dated 27.11.1999 with the Post Office. The money order was payable to his son Mr. Raj Kumar at Village and Post Office Dasmoori Bishanpur, District Khagria, Bihar. Complaint was filed before the District Forum on 9.2.2001 wherein it was alleged that till the filing of the complaint the money order had not been received by his son. The complaint was supported by affidavit of the complainant. The District Forum was of the view that nothing was brought on record by the postal authorities to show that in fact the amount of money order had been received by the addressee. The plea of the Postal Department was that no complaint had been filed with the Department within one year of the booking of the money order. Under Clause 78 of Post Office Guide Part-I such complaints are to be lodged with the Postal Department within one year as the record in the office concerned is to be destroyed in the usual course. Clause 78 of the Post Office Guide Part-I reads as under :