UNION OF INDIA & ORS. Vs. ACHINTAM KILIKDAR

JUDGEMENT

(1.) MR . Justice Ashok Bhan, President -Union of India and others petitioners herein, who were the opposite parties before the District Consumer Disputes Redressal Forum, West Tripura District, Agartala (hereinafter referred to as the District Forum' for short), being aggrieved by the Order dated 22.2.2005 passed by the State Consumer Disputes Redressal Commission, Agartala, Tripura (hereinafter referred to as the State Commission' for short) in First Appeal No. 16 of 2004, have filed the present Revision Petition. By the impugned Order, the State Commission has confirmed the Order passed by the District Forum. The District Forum by the impugned Order had directed the petitioners to pay a sum of Rs. 50,000 to the respondent/complainant by way of compensation and Rs. 15,000 towards the cost of medicine. The above amount was directed to be paid along with interest @ 9% p.a. with effect from 29.9.2003 failing which the rate of interest would be 12% p.a.

(2.) BRIEFLY stated, the facts of the case are:

(3.) PETITIONERS entered appearance and filed their written statement. It was admitted that the speed post parcel did not contain any medicines. It contained only plastic flowers, leaves and a cash memo issued by Novartis India Private Limited, Chennai. It was submitted that the Postal Department or the Post Office is not concerned with the contents of the parcel and if the parcel contained valuable material, it should have been sent under insured post. In the event of loss of domestic speed post parcel or loss of its contents or damage to the contents, compensation of Rs. 1,000 only could be paid to the sender. As per Section 6 of the Indian Post Office Act, 1989, Government does not incur any liability by reason of any loss, misdelivery or delay of, or damage to any postal article in the course of transmission by post except insofar as any liability is undertaken in express terms. That the payment of compensation, as has been claimed by the respondent, did not arise at all in view of the specific provisions of Section 6, it is liable to pay compensation at a fixed rate, in case of default in service.