INCHARGE OFFICER N.T.P.C. TELEGRAPH OFFICE vs DASARI RAGHUNATH REDDY

THE appellants are the opposite parties 1 and 2 in C.D. No. 252 of 1990. THE respondent in this appeal filed the complaint claiming damages of Rs. 99,000.00 and odd. According to the complaint, the National THErmal Power Corporation Limited booked a telegram to be delivered to the complainant, on 9.4.90 stating that the interview for part-time Medical Consultant in N.T.P.C, Jyothi-nagar, Ramagundam would be held on 16.4.1990. It is not in dispute that the said telegram was booked at 6.05 p.m. on 9.4.1990. It was not transmitted from the very post office, from which it was booked till 14-51 hours on 12.4.1990, that is, the telegram is lying there nearly for three days in the post office, in which, it was booked. THEreafter, the message was received by the second respondent on 12.4.1990 at 6.21 p.m. from Hyderabad. But due to the postal holidays on 13th 14th and 15th of April, 1990, the telegram was sent by ordinary post and delivered on 16.4.1990. Thus, it is evident by the date of receipt of the telegram by the complainant, the interview was over and he would not have been able to attend for the interview.

IN the counter filed by the opposite parties before the District Forum, it was stated that the telegram could not be transmitted till 14-51 hrs, on l2.4.1990 due to interruption of tele-printer circuit from Jyothi-nagar to Hyderabad. Even after 12.04.1990, the reason for delay is postal holidays and that , therefore, the department is not negligent in sending the telegram. The complainant was examined as P.W.I and Exs.A-1 to A-3 were marked on his behalf. The opposite parties were examined as R.Ws.1 and 2 and Exs.B-1 to B-5. were marked. On a consideration of the evidence on record, the District Forum came to the conclusion that the telegram, which ought to have been received within five or six hours, reached the destination after seven days and it clearly shows the negligence on the part of the Telegraphic Department and the explanation given for the delay was not accepted. But having regard to the circumstances of the case, the District Forum awarded Rs. 5,000/- as compensation and costs of Rs. 100.00 to the complainant. Aggrieved by the said order, the above appeal is preferred. It is submitted by Mr. B. Narayana Reddy, Counsel for the appellants firstly that there is no negligence on the part of the postal department. According to him, due to failure in teleprinter circuit, the telegram could not be sent upto 14-51 hours on 12.4.1990. But the postal authorities knew, when they booked the telegram it is an express telegram, sent to the party. If the tele-printer circuit is not in order due to some reason, they would have taken necessary steps for communicating the message on 10.4.1990 itself, that is, immediately on the next day and there is no justification for keeping the telegram without transmission for a period of thee days, from 9.4.1990 to 12.4.1990. Even after the telegram reached Karim-nagar on 12.4.1990, the second respondent has not taken any steps to send it immediately. His explanation is that since there are postal holidays on 13th, 14th and 15th April, 1990, he did not send the telegram and it was delivered to the party on 16.04.1990. Having regard to the circumstances that it is an express telegram calling for an interview on 16.04.1990, the second respondent should have taken steps to effect delivery of the same to the party even though 13th, 14th and 15th April, 1990 are postal holidays. Normally telegrams would be delivered to the parties even on holidays. In these circumstances, we agree with the finding of the District Forum that there is negligence on the part of the department. The telegram, which ought to have reached the party in the matter of hours, took seven days.

The next question will be the quantum of damages to be awarded due to negligence. It is evident from the record that the circuit failed from 9.4.1990 to 12.04.1990 and after restoration of the circuit, the message was sent to Hyderabad to be communicated to Karim-nagar. There is no justification for the Karim-nagar Post Office to take three days time for delivering the express telegram. There is no evidence adduced on behalf of the complainant that the quantum of damages he has suffered. In these circumstances, we are inclined to award nominal damages of Rs. 1,000/- (Rupees One thousand only), to this extent the order of the District Forum is modified, instead of Rs. 5,000.00, we direct that a sum of Rs. 1,000/- be paid to the complainant towards damages suffered by him with 12% interest from the date of order of the District Forum till the date of depositing of the amount in the District Forum and costs of Rs. 100.00. After deducting Rs. 1,000.00 (Rupees One Thousand only) with interest, the remaining amount deposited in the District Forum will be refunded to the appellants. The appeal is partly allowed. No order as to costs. Appeal partly allowed.