Postmaster vs THAKUR GANESH SINGH

THIS is an appeal against the order dated 24.8.1995 passed by the District Consumer Disputes Redressal Forum, Bhopal in their Case No. 252/1994, wherein the Forum has directed the opposite party-Post Master General to pay Rs. 1,000/- to the complainant for delay in delivery of letter sent by speed post from Central Post Office, T.T. Nagar, Bhopal which was posted on 8th September, 1993 for New Delhi and was delivered to the addressee on 15.9.1993.

HEARD the arguments of both the parties and perused the records of the case. The District Forum has no doubt written a very detailed order stating therein that the delay occurred due to negligence on the part of the respondent''s employee and when the duty is performed capriciously in the exercise of powers result in harassment and agony then the responsibility to pay the loss determined should be is of the employee responsible. The District Forum directed that this amount of Rs. 1,000/- shall primarily be paid by the opposite party to the complainant, but, it shall be recoverable from the employees and the officers of the Postal Department who are found guilty in enquiry.

Hon''ble National Commission has in repeated judgments in Revision No. 175 of 1992 decided on 15th April, 1993 held that the "services" rendered by the Post Office are merely statutory and there is no contractual liability. Establishing the Post Offices and running the postal services. Central Government performs a Government function and the Government does not engage in commercial transaction with the sender of the article through post and the charges for articles transmitted by post are in the nature of charges imposed by the State for the enjoyment of the facilities provided by postal department and not in consideration of any commercial contract. The Hon''ble National Commission further held that unless there is allegation that the loss, mis-delivery or delay occurred on account of fraudulent or wilful act of any particular postal employee, no claim petition is maintainable in view of Section 6 of the Indian Post Office Act.

IN the instructions issued by Post Master General, Madhya Pradesh Circle, Bhopal on the subject of introduction of new services "speed post" with effect from 1.8.1996 it has been clearly stated that the sender of a speed post article will be entitled for refund of speed post fee only (excluding postage fee, registration charges and/ or surcharge if any) when the articles are either not delivered or delivered late due to operational service faults on the part of Postal Department, the sender will not be entitled for any kind of refund. No compensation will be payable on the loss of a speed post article. The sender of the article can prefer a claim for refund of speed post fee to the office of booking in case of late delivery etc. The words "postal articles" are comprehensive so as to include ordinary post or speed post and we agree with the finding of the Tamilnadu State Commission that speed post also clearly comes within the ambit of Section 6. Section 6 of the Indian Post Office Act reads as under: "6. Exemption from liability for loss, mis- delivery, delay or damage: The Government shall not incur any liability by reason of the loss, mis-delivery or delay of, or damage to, any postal article in course of transmission by post, except insofar as such liability may in express terms be undertaken by the Central Government as hereinafter provided; and no officer of the Post Office shall incur any liability by reason of any such loss, mis-delivery, delay or damage, unless he has caused the same fraudulently or by his willful act or default".

THEREFORE, this appeal is allowed and the order of the District Forum is set aside. No order as to costs. Appeal allowed.