SUB POSTMASTER vs CHHOTE LAL VERMA

THE District Forum ordered that the money order of Rs. 1,000/- should now be disbursed to the payee and the Department shall be liable to pay interest for the period of 16 months @ 18% per annum and also held that a compensation of Rs. 400/- shall also be payable on account of harassment and costs of litigation were quantified at Rs. 200/-. Aggrieved against it the present appeal has been attempted.

SHRI Chhote Lal Verma, a resident of House No. 681, Dhobi Chat, Sector 7B, Chandigarh, sent two money orders; one was of Rs. 400/- which was remitted on 14.8.1995 and the other was of Rs. 1,000/- which was remitted on 15.9.1995 to his relatives in his native village Durga Dai, P.O. Pandri, District Pratapgarh, Uttar Pradesh and the remittances did not reach the destination. As regards the money order of Rs. 400/- now it has transpired that it was paid on 18.8.1995 and the matter stood settled. About second money order of Rs. 1,000/-, on behalf of the appellant it has been pointed out that now this too has been disbursed to the payee on 19.4.1997. Obviously the second money order of Rs. 1,000/- has been disbursed after impugned order of the District Forum.

On behalf of the appellant, the learned Counsel has drawn our attention to Section 48 of the Indian Post Office Act which relates to exemption from liability in respect of money orders. Sub-section (c) of the aforesaid Section reads as under : "48(c). The payment of any money order being refused or delayed by or on account of any accidental neglect, omission or mistake by, or on the part of, an officer of the Post Office, or for any other cause whatsoever, other than the fraud or wilful act or default of such officer;"

There is nothing on record to show that it was a case of any accidental neglect, omission or mistake.

THE learned Counsel for the appellant has drawn our attention to Senior Post Master, G.P.O., Pune v. Akhil Bharatiya Grahak Panchayat & Another, II (1995) CPJ 230 (NC), where compensation was denied. However, it was a case where the registered parcel was lost in transit. THE facts of the case now in hand are quite distinguishable. Non-payment of money order in this case was clearly a gross default on the part of the appellant. THE sum of Rs.1,000/- has now been paid to Shri Raja Ram after a period of more than 19 months and 22 days and that too after the passing of the impugned order by the District Forum. THE learned Counsel for the appellant has referred to THE Presidency Post Master & Another v. Dr. U. Shanker Rao, II (1993) CPJ 141 (NC), where the dispute related to the late delivery of invitation cards which were sent by ordinary mail in respect of a function which was to be presided over by the Minister of Health, Government of Tamilnadu and the late delivery thereof resulted in a poor show. In the case now in hand the facts and circumstances are altogether different because here money was sent through a money order and as seen above it was not a case of any accidental neglect, omission or mistake. Even when a complaint was filed in the District Forum, the appellant did not bother at all. Money order was disbursed to the payee only after the impugned order was passed. However we modify the impugned order and hold that the complainant shall be entitled to interest at the reduced rate of 12% per annum on the sum of Rs. 1,000/- w.e.f. 1.10.1995 till 18.4.1997. THE costs awarded by the District Forum are affirmed and appeal stands disposed of. Appeal disposed of.