POST MASTER POST OFFICE Vs. CHHABILA PARSHAD

JUDGEMENT

(1.) -THIS appeal has been filed against the judgment dated 5. 2. 2004 passed by the District Consumer Disputes Redressal Forum, Ferozepur (in short 'district Forum' ).

(2.) THE facts are that Chhabila Parshad, respondent-complainant (to be referred as 'complainant') had sent a sum of Rs. 8,000 by Bank Draft No. 88524 dated 25. 10. 2002 to his father Dahari Parshad in village Rukanpura, Manjharia, District Balia (U. P.) by registered cover vide postal receipt No. 1856 dated 25. 10. 2002 through the appellants (to be referred as 'appellants' ). The registered letter did not reach his father. The matter was reported to the appellants who vide letter dated 28. 12. 2002 informed the complainant that the matter is being enquired into. However, the bank draft with the registered cover did not reach the addressee i. e. father of the complainant nor it was received back by the complainant. There was deficiency in service by which the complainant suffered the loss of Rs. 8,000 besides mental harassment etc. Hence, the complainant filed a complaint before the District Forum for recovery of Rs. 8,000 plus inconveniences allowance, expenses etc.

(3.) THE appellants filed the written reply and contested the case. Preliminary objections were pleaded that the complaint was not maintainable in view of Section 6 of the Indian Post Office Act (in short the 'act'), however, at the most the complainant is entitled to compensation amounting to Rs. 200 under Clause 170 of the Post Office Guide Part-I; that the complainant has not suffered the loss of Rs. 8,000 nor it can be stated if the bank draft for Rs. 8,000 was sent through the registered post; material facts have been concealed. On merits, it was admitted that the complainant was resident of Fish Market, Ferozepur City. It was also admitted that the complainant had sent letter dated 28. 11. 2002 to the Post Master, Arya Smaj Chowk, Ferozepur for the search of his registered article but it was not stated if he had sent a bank draft of Rs. 8,000 in that registered letter. Immediately an inquiry was initiated. It was admitted that the letter dated 28. 12. 2002 was sent to the complainant. It was denied if the appellants were liable to pay Rs. 8,000 to the complainant or any amount towards harassment, inconvenience etc. Dismissal of the complaint was prayed.