Post Master Keeramangalam Post Office vs Achagam G Rajagopal

THE complainant sent a sum of Rs. 600 by way of money order to Tirupathi Devasthanam and requesting them to send Prasadams. He did not receive any Prasadams from the Devasthanam. Therefore, the complainant made inquiries and came to know that the money order was not at all delivered. On account of the deficiency in service on the part of the opposite party, the complainant had to cut a sorry figure in the presence of his political leader and others. Hence the complaint.

THE opposite party admitted that a money order was booked and that it was not delivered till 25.9.1998. But the opposite parties are not in a position to point out any reason or explanation for non -delivery. It is not a case that non -delivery was on account of any act beyond their control or that it was not due to any negligence on their part. Thus, we find that the deficiency in service is admitted. This being the case of non -delivery of money order, the immunity under Section 6 cannot apply. For it relates to money order and not a postal article. Money order is not a postal article. Now, coming to the compensation, the Lower Forum directed the refund of Rs. 600 being the money order amount booked along with Rs. 30 as commission. But, in addition, the Lower Forum directed a sum of Rs. 5,000 to be paid as compensation. We are of the view that this grant of compensation @ Rs. 5,000 is on the excessive side. To say that he could not greet his leader with Prasadams from Tirupathi and, therefore, on account of it his reputation was affected is improbable and unacceptable besides being too remote. Therefore, considering the circumstances, we would reduce the compensation to Rs. 500. In the result, this appeal is allowed in part; the order of the lower Forum is modified. There will be a direction to the opposite parties to refund the sum of Rs. 600 being the amount booked under money order along with the sum of Rs. 30 being the money order charges with a compensation of Rs. 500. Time for payment : two months. Appeal partly allowed.