POST MASTER, JWALAPUR vs RAJNISH MEHROTRA

THIS is an appeal against the order dated 31.8.2000 passed by the District Forum, Haridwar whereby the complaint of the complainant was allowed.

THE complainant has sent a parcel to his brother-in-law Sh. G.N. Tandon at the occasion of the Namkaran Sanskar of his son, at his address. THE parcel did not reach there. Several letters were given but there was no response. Hence the complaint was filed before the learned Forum. Before the learned Forum, the appellant admitted that the parcel was booked. It was not sealed before the appellant. It was received in a bundle and it was forwarded. However, it is admitted fact that the parcel was never received by the consignee.

The learned Forum held that under Section 6 of the Post Office Act, the compensation of Rs. 100/- can be given to the complainant and, therefore, the learned Forum allowed the compensation of Rs. 100/- for loss of the article under Section 6 of the Post Office Act. However there was mental pain and agony to the complainant and for that the learned Forum allowed the compensation of Rs. 1,500/- and cost of litigation of Rs. 1,000/- was also allowed to the complainant against this order the present appeal has been filed.

IN the grounds of appeal as well nothing has been said except that at the time of booking, the contents of the parcel were not disclosed. It may be true but when the liability is limited to Rs. 100/- only, the parcel may be of lacs of rupees. No prejudice has been caused to the appellant by not disclosing the value of the parcel. Loss in transit is admitted and this is definitely deficiency in service. It is true that the liability is limited to Rs. 100/- only in respect of loss of the article but for deficiency in service and for mental pain, agony, etc., nothing has been provided under Rule 170 of the Post Office Guide or Section 6 of the Post Office Act. For that the complainant is definitely entitled to separate compensation under the Consumer Protection Act, which is an additional remedy and the learned Forum has accordingly allowed the compensation and cost. But to our mind the amount of compensation and cost is on the higher side. The value of the articles has not been disclosed in the complaint, but subsequently it was revealed to be about Rs. 1,425/-. On this compensation of Rs. 800/- would have been sufficient. The cost of litigation has been awarded as Rs. 1,000/-. Nothing has been said what the complainant actually spent in litigation. In our view, it should be Rs. 600/-. Therefore, the order under appeal is to be modified to this extent. ORDER The appeal is hereby partly allowed. The order of the learned Forum regarding damages of Rs. 100/- for the loss of parcel is upheld. The amount of compensation of Rs. 1,500/- is hereby reduced to Rs. 800/- and cost of litigation is hereby reduced from Rs. 1,000/- to Rs. 600/-. Cost of this appeal shall be easy. Appeal partly allowed.