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Judgment
3 paragraphs · 356 words1.
THE case of the complainant is that he sent a cheque for Rs. 1,000/- to bisbrother by registered post with acknowledgment due and it was not delivered to his brother. Hence the claim for compensation. THE opposite parties denied the liability. But the District Forum held that the opposite parties were liable and directed them to pay the sum of Rs. 1,000/- and costs of Rs. 250/- It is this order that is challenged in the appeal. The learned Counsel for the appellant relied upon the decisions of the National Commission in The Presidency Postmaster General, Madras v. Dr. U. Shanker Rao and The Senior Superintendent of Post Offices & Others v. Consumer Protection Council & Others (RP 173 and 247/92dated 15.4.93) the National Commission has observed under Section 6 of the Indian Post Offices Act "The Government shall not incur any liability by reasons of the loss, mis-delivery or delay or damage to, and postal article in course of transmission by post, except in so far as such liability may in express terms be undertaken by the Central Government as herein after 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 wilful act or default".
In M/s. Balraj Handloom Textiles though Consumer Rights Protection Council, Madurai v. Senior Superintendent of Post Office & Others (AP No. 520/92 dated 5.5.93) this Commission has pointed out that it could not agree with the vie w expressed by the National Commission but this Commission is bound by the decision of the National Commission. In this case also there is no allegation that the loss of the registered post was on account of any fraud or wilful act of default by any particular employee of the postal department, and hence the complainant''s claim must fail by virtue of Section 6 of the Indian Post Offices Act. 5.In the result, the appeal is allowed, the order of the District Forum is set aside, and the complaint is dismissed but without costs throughout. Appeal allowed. ______________