POST MASTER, DISTRICT COURT TIS HAZARI vs AMARJIT SINGH

RESPONDENT availed the services of the appellant for delivery of parcel containing four Sarees against consideration. Sarees were lost and could not be delivered. Charging appellant for deficiency in service respondent filed the instant complaint before the District Forum.

WHILE holding the appellant deficient in service the District Forum vide impugned order dated 13.1.2005 directed the appellant to pay Rs. 10,795 with interest @ 9% and Rs. 1,000 as compensation and Rs. 500 as cost of litigation. Through this appeal, the impugned order is being assailed firstly on the ground that there was no description given in the parcel while booking the parcel and if the details of cost of the goods are given then these goods have to be insured if the cost exceeds Rs. 1,000 and secondly that there was no liability of the appellant under the Indian Postal Act as well as rules framed therein.

In our view wherever such services are availed by a consumer the conduct of the service provider has to be tested on the anvil of ''deficiency'' as defined under Section 2(1)(g) as remedy under the Consumer Protection Act is an additional and independent remedy and not in derogation of any other law for the time being in force and is in the form of a compensatory remedy as to the actual loss or injury suffered by the consumer and, therefore, no rules or any other provisions of law can be taken advantage of by the service provider.

HOWEVER, at the same time the consumer is entitled for damage in terms of the contract. If there is no contract between the parties that in the case of loss or non-delivery or damage the service provider shall be liable to make the payment of the goods or contents contained in the parcel, the service provider cannot be saddled with the liability of paying the cost of the contents of the parcel. For instance if a consumer pays Rs. 100 as consideration for delivery of a parcel containing valuables of Rs. 1 lac he cannot claim the amount of Rs. 1 lac unless there is such a term of a contract. How can a person be asked to pay Rs. 1 lac against consideration of Rs. 100 as service charges? But at the same time the service provider cannot escape from the liability of compensating the consumer as to the mental agony and harassment suffered by him due to the negligence of the opposite party. Instance of non-delivery of a parcel or goods by the Postal Authority for that purpose courier service itself amounts to ''deficiency in service'' which means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.

HOWEVER, taking over all view of the matter we deem that compensation of Rs. 10,000 besides Rs. 1,500 as cost shall meet the ends of justice. Payment shall be made within one month from the date of receipt of this order. Appeal is disposed of in aforesaid terms.

F.D.R./Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.

A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Copy be sent to all the District Fora. Appeal dismissed.