POSTMASTER PALAYAMKOTTAI vs P. ELANGO STANLY KUMAR

THE opposite parties are the appellants. THE complainant''s case is that the Principal, Central Training Institute, Guindy, Chennai, called the complainant for test and interview by his letter dated 29.10.1998. THE letter was posted on 30.10.1998 and the letter reached the complainant only on 19.11.1998 after a delay of 20 days and according to the said letter the test was scheduled to take place on 9.11.1998 and practical test was schedule to take place on 10.11.1998 and the interview was to be held on 11.11.1998. Because of the delay in the receipt of the letter of test and thus there is deficiency in service for which the opposite parties are liable.

ACCEPTING the complaint, the District Consumer Disputes Redressal Forum, Tirunelveli, granted the relief by directing the opposite parties to pay a sum of Rs. 5,000/- as compensation and cost of Rs. 500/-. Aggrieved by the said decision, the present appeal is laid by the opposite parties.

It is not disputed that there has been a delay of 20 days in the delivery of the letter. It is also not in controversy that the said letter was sent by ordinary post and not by means of any registered article or registered post. The National Commission has taken the view in the decision reported in I (2000) CPJ 28 (NC)=2000 (1) CPR 34 (NC), that no relief could be granted in such cases to the complainant on mere allegation of loss, or non-delivery of the postal article. Here, in this case, it is not alleged that there has been any act of fraud on the part of the opposite party or there has been any wilful default or neglect which resulted in the delay in the delivery of the letter. In the absence of such a case, from the mere fact that there has been a delay, a case of deficiency in service cannot be spelt out more so in view of the decision of the National Commission reported in I (2000) CPJ 28 (NC)=(2000) (1) CPR 34 (NC). Therefore, in view of the above decision, we have no hesitation in setting aside of the order of the District Forum.

CONSEQUENTLY, the appeal is allowed, the order of the District Forum is set aside and the complaint will stand dismissed. But, in the circumstances, the parties are to bear their own costs. Appeal allowed.