UNION OF INDIA Vs. RAMESH KUMAR KHANNA

JUDGEMENT

(1.) Notice of application for condoning delay in filing the appeal as well as appeal was issued to the respondent. When the matter was taken up on 18.12.1996, nobody appeared on behalf of the respondents. Registered notice had been sent to him and had not been received back. More than a month had passed. The application on merits was disposed of. The appeal was admitted and again fresh notice was ordered to be issued to the respondents for February 24, 1997. This order was passed on December 18,1996. Again registered notices were sent to the respondents. It was not received back and nobody appeared on behalf of the respondents. Ultimately arguments were heard on May 7, 1997 on behalf of the appellant, who was represented by Mr. G. S. Pasricha.

(2.) Union of India and others (Postal Department) challenged order of District Forum, Amritsar dated June 21,1996 whereby a direction was given to the opposite parties to pay a sum of Rs.5,000/- to the complainant, Ramesh Kumar Khanna, sole proprietor of M / s. Ramesh Kumar and Sons and the firm alongwith a sum of Rs.500/- as costs of litigation.

(3.) The complaint was filed by Ramesh Kumar Khanna, sole proprietor of M/s. Ramesh Kumar Khanna and Sons, Amritsar as well as by the firm aforesaid for claiming compensation to the tune of Rs.11,000/- with 18% p. a. interest thereon from October, 1991 and costs of the proceedings Rs.1,000/-. The complainants sent a registered letter to M/s. Atal Sons, Luxmi Niwas, Aminabad, Lucknow containing Goods Receipt No.089165 as issued by M/s. Amritsar Transport Company, Pvt. Ltd. in respect of 66 woollen Shawls worth Rs.11,000/-. The registered letter was handed over to the authorities at the Golden Temple Road Post Office, Amritsar vide receipt No.252 dated October 18,1991. The said letter as per allegations was delivered to Aminabad Post Office, Lucknow. However, it was not delivered to the addressee. After waiting for sufficient time, a complaint was made to Post Master, Golden Temple Road, Amritsar Post Office on November 19, 1991 making enquiry about the aforesaid letter. A reply was received dated November 26, 1991 that the correspondence should be had with the Sr. Superintendent of Post Office, Lawrence Road, Amritsar. On December 12,1991, the complainants addressed a letter to the Post Master, Golden Temple Road, Post Office with copies to Sr. Post Office, Amritsar and higher authorities. A reminder was issued on June, 4,1992. No action was taken. On enquiry, the complainants came to know that the concerned Transport Company had delivered the goods against Goods Receipt presented by somebody. This happened with the connivance of the Post Master and unscrupulous and mischievous persons. In this manner the complainant suffered loss to the tune of Rs.11,000/- and deficiency in rendering service on the part of the officers/officials of the Post Office was alleged.