CHIEF POST MASTER GENERAL Vs. KRISHNA MOHAN VERMA

JUDGEMENT

(1.) The present appeal filed under Sec.15 of Consumer Protection Act, 1986 is directed against the ex parte order dated 19.1.1995 passed by the learned District Forum, Patna in Complaint Case No.1509 No.1509/93 directing the opposite parties (appellants) to make payment of Rs.2,000/ (Rs. two thousand) to the complainant (respondent) as compensation.

(2.) According to the complaint petition, Sri Krishna Mohan Verma posted a registered envelope addressed to Sanjojak, Samanway Samiti Sah Zila Avam Satra Nyayadhish, Vaishali, Hazipur on 25.8.1993 in Boring Road Post Office which reached the destination on 20.9.1993 due to the fault of the Post Office. The registered letter had been sent in response to an advertisement published for filling some vacancies. His application was refused to be entertained, as the last date of receiving applications was only 3.9.1993. As a result of this Sri Verma lost the opportunity of securing a job. He, therefore, prayed before the District Forum either to arrange entertainment of his application by the District Judge, Hazipur or to grant him a compensation of Rs.50,075/ in lieu thereof.

(3.) The appellant, in his memo of appeal although accepting late delivery of the registered letter has contended that the complainant could not make out a case that late delivery was caused due to fraudulent, willful act or default of any postal employee. The learned District Forum did not take evidence under Sec.13 (2) of the C. P. Act, 1986 to establish the charge. It was, therefore, prayed that the impugned order of the learned District Forum, in view of the provisions of Sec.6 of the Indian Post Office Act, 1898 , may be set aside.