POST MASTER HSG-I SURAMANGALAM HEAD POST OFFICE SALEM vs E RAMANATHAN

THE above appeal is filed by the opposite parties against the order dated 31. 3. 2008 of the District Forum, Salem, in allowing the complaint.

THE complaint is filed before the District Forum on the ground that there was delay in disbursing the Speed Post Money Order by the opposite parties/appellants. The District Forum has allowed the complaint by holding that there was delay on the part of the opposite parties and thereby the complainant has suffered mental agony and to meet the ends of justice a sum of Rs. 5,000 was ordered towards compensation for mental agony and to pay Rs. 1,000 towards cost. The appeal is filed challenging the said order amongst various other grounds.

The learned Counsel for the Appellants submitted that there was no delay on the part of the appellants/opposite parties in disbursement of the Speed Post Money Order. Even though the reasons for the disbursement of a particular part was explained in the version by filing necessary documentary evidence, the District Forum erred in allowing the complaint.

PER contra, the complainant contended that there is no illegality on the part of the District Forum in allowing the complaint. According to him, even though the speed post bag was received by SRO, Dindigul on 30. 6. 2007 at 6. 30 a. m, the persons who were employed at the relevant point of time should have acted immediately and failure on their part to do so amounts to deficiency in service. Accordingly, the complainant contended that no interference is called for with regard to the order passed by the District Forum. Even though the learned Counsel placed reliance upon Sec. 6 of the Indian Post Office Act, the said provision is not applicable to the facts of the case.

A perusal of the order passed by the District Forum discloses that it has recorded a finding with regard to the receipt of the Money Order by the concerned office and the details as set out hereunder. The Erode TMO handed over the speed post transit bag containing Dindigul RMS SP PC to the Station Master, Erode at 3. 10 a. m. on 30. 6. 2007 for further transmission to Dindigul RMS through the existing Mail arrangement in the train which left Erode Junction at 3. 30 a. m. The said speed post bag was received by SRO, Dindigul on 30. 6. 2007 at 6. 30 a. m. As there is no day set at Dindigul RMS on 30. 6. 2007, the Speed Post TB was not opened. Moreover the night set on 30. 6. 2007 functioning from 6. 00 p. m. to 10. 00 p. m. deals with the post receipts and closing forward bags and connecting sections in trains. Hence again on 1. 7. 2007 was Sunday and no day set functioning the speed post bag was opened in the night set on 1. 7. 2007 and the said money order was sent through speed post bag between Dindigul RMS to Nagal Nagar Sub Office vide Dindigul RMS batch B Special List dated 2. 7. 2007 at 6. 00 a. m. through GDS MC and the speed post money order was paid to the payee on 2. 7. 2007 at 9. 35 a. m. A perusal of the above discloses that when the speed post bag was received on 30. 6. 2007 at 6. 30 a. m. , there was no day set thereafter and as such the speed post was not opened. The next day being Sunday, on which date also there was no day set functioning, the speed post bag was not opened. The said bag was opened only by the night set on 1. 7. 2006; the amount was disbursed on 2. 7. 2007 at 9. 35 a. m. Even though the complainant strenuously contended that inasmuch as the persons who were employed on 30. 6. 2007, where relieved only at 6. 40 a. m. and as such they could have completed their work within 10 minutes, the said argument cannot be accepted as if there is deficiency on the part of the opposite parties. Hence the above appeal is allowed. In the result, the appeal is allowed. The order of the District Forum is set aside. Appeal allowed.