SUB-POST MASTER Vs. JANARDHAN LODH

JUDGEMENT

(1.) Sub-post Master, Kuldeep Nagar, Ambala, has come up in appeal against the order dated 25.11.1997 passed by the learned District Consumer Forum, Ambala, whereby complaint of Janardhan Lodh respondent, alleging deficiency in service on the part of the Postal Authorities in the matter of remittance of money order sent by the complainant-respondent, has been allowed by awarding interest to the complainant at the rate of 18% p. a. on the amount of Rs.1,000/- for a period of one year, i. e.23.10.1996 to 23.10.1997 alongwith costs of proceedings amounting to Rs.500/-.

(2.) The short grievance of the complainant before the District Consumer Forum, Ambala, was that he had remitted money order of Rs.1,000/- to Shri Sunder Lodh of Village Rachha Ram Pandey Purva, District Gonda, Uttar Pradesh, on 23.10.1996 from the Post Office, Kuldeep Nagar, Ambala Cantt. , but the amount was not received by the payee before 19.2.1997. Due to this delay, his crop in the village suffered as the manure etc. for raising the paddy crop could not be purchased. The plea taken by the Postal Authorities was that under Sec.48 of the Indian Post Office, Act, 1898, absolute immunity was available to the Postal Authorities in the case of delayed payment of money orders. The opposite party also contended that the Post Office could not be equated with a private carrier. Hence, the complaint deserved to be dismissed.

(3.) We do not agree with the proposition advanced by the learned Counsel for the appellant, as under Sec.48 of the aforesaid Act it is not the absolute immunity and exemption from liability which is available to the Postal Department, because in the case of fraud or wilful act or default of officials of the Postal Department, no exemption is available against the grant of compensation etc. Consequently, we do not find any legal infirmity in the detailed and well-reasoned order passed by the learned District Consumer Forum. Hence the appeal is dismissed. Resultantly, the appellant-Postal Department is directed to comply with the order passed by the District Consumer Forum within 15 days by making the necessary payment as directed therein. There shall be no order as to costs.