CHIEF POST MASTER GENERAL Vs. GARIMA GUPTA

JUDGEMENT

(1.) Delay condoned.

(2.) This Revision Petition, under Sec. 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), by the Chief Post Master General and its functionaries, is directed against the order dated 21.11.2016, passed by the State Consumer Disputes Redressal Commission, Rajasthan, Bench No.1 at Jaipur (for short "the State Commission") in First Appeal No.541 of 2016. By the impugned order, the State Commission has affirmed the order dated 14.01.2016, passed by the District Consumer Disputes Redressal Forum, Jaipur-II (for short "the District Forum") in Complaint No.1025 of 201 By the said order, while allowing the Complaint filed by the Respondent herein, through her father, alleging deficiency in service on the part of the Petitioners herein, in taking almost 7 days in delivering her application form by Speed Post for admission in Jawahar Navodaya Vidyalaya, which was otherwise expected to reach the destination within the City in 24 hours, the District Forum had directed the Petitioners to pay to the Complainant an amount of Rs. 20,000.00 as compensation for the loss of one academic year, along with the litigation expenses, quantified at Rs. 5,000.00.

(3.) As expected, the sole ground on which the correctness and legality of the order, impugned in the Petition, is questioned by learned Counsel for the Petitioner is that Sec. 6 of the Indian Post Office Act, 1898 exonerates the Postal Department from any kind of liability on account of any loss, mis-delivery, delay or damage to the postal article in the course of transmission by post and therefore, both the Fora below erred in awarding the afore-noted compensation. It is submitted that at best the Complainant was entitled to the refund of 25.00, paid as postal charges, which the Petitioner was willing to refund.