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Judgment
HEARD Mrs. Madhumati Agrawal, the learned Senior Standing Counsel (Central) in the matter of appeal. Complainant is not present. This is a matter of 1997. We are not inclined to adjourn the case.
ADMITTEDLY, the department have not been able to deliver the registered letter sent by Mr. P.N. Das, the learned Counsel for the complainant who sent the 80 C.P.C. notice to the O.Ps. staying at Sahebganj in the District of Bihar. They were posted from Jharuapara Post Office, Sambalpur on 4.7.1996. The District Forum has awarded compensation of Rs. 3,000/- and costs of Rs. 500/- against the department for not delivering the registered letter at all. It is not disputed by Mrs. Agrawal that infact the letter has not reached addressee. However, she draws our attention to Clause-183 of the Post Office Guide which is in the lower Court record. It is quotted as follows : "While there is no statutory liability on account of loss of a registered article or its contents, or damage to contents, ex-gratia compensation upto Rs. 100/-, but not exceeding the actual loss, is paid in deserving cases, to the sender or, on the sender''s request, to the addressee. The sender should, for this purpose, apply to the Divisional Superintendent of Post Offices within three months of the date of registration in case of loss of article and one month of the date of delivery in case of loss of, or damage to, contents. The Post Office receipt for the article should be attached."
It is clearly mentioned that in such cases the complainant would be getting an ex-gratia compensation up to Rs. 100/- and this is in case of registered letter. Here admittedly 5 registered letters were despatched. According to this provision normally the complainant should be awarded Rs. 500/- as compensation for 5 registered letters. However, we have thought it appropriate to award compensation of Rs. 1,000/- besides costs of Rs. 500/- awarded by the District Forum. For the reasons that the complainant has not been in a position to prove any individual negligence on the part of any employee of the Postal Department. We allow the appeal in part. The order be complied within a period of three months from the date of communication of the order. Appeal partly allowed.