SUB-POSTMASTER HEAD POST OFFICE ILKAL vs VITAL

-THIS appeal is by the appellant/opposite party (for short, "o. P. ") challenging the order dated 28. 6. 2007 passed by the District Consumer Forum, Bagalkot, in Complaint No. 34/2007, by which the District Forum has allowed the complaint of the respondent/complainant in part.

THE case of the complainant before the District Forum was that he had entrusted a parcel containing 22 sarees to the O. P. for delivering the same to the consignee in Maharashtra State. He has also paid the required amount for the purpose of carrying the said parcel for delivery to the consignee. These facts are not disputed by the O. P. But at the time of delivery, the parcel containing the sarees was fully damaged. According to the complainant, out of 22 sarees, 12 sarees were missing and only 10 sarees were delivered to the consignee. In the presence of the "panchas" the damaged parcel was opened and it was found that there were only 10 sarees and the remaining 12 sarees were taken away. Since the parcel was in the custody of the Postal Department, necessarily some officials of the Postal Department have removed 12 sarees. The complainant has produced copy of the Bill sent to the Consignee to show that the value of each saree is Rs. 2,300. Taking all these facts into consideration, the District Forum has allowed the complaint of the complainant in part with a direction to the O. P. to pay Rs. 27,600 being the value of the missing sarees to the complainant. In addition, the District Forum has also awarded compensation of Rs. 5,000 in favour of the complainant towards mental agony and hardship. This Order is under challenge by the O. P. in this appeal. The case of the O. P. is that the District Forum was not right in awarding the cost of the missing sarees as compensation to the complainant. The learned Counsel for the O. P. submitted that as per the Circular governing sending of parcels, if the contents of the parcel are not disclosed by the sender, the maximum compensation that is payable by the Postal Department for a parcel is Rs. 500. Therefore, he submits that assuming that there is some "deficiency in service" on the part of the Postal Department, the District Forum at best could have awarded a sum of Rs. 500 as compensation because the contents of the said parcel were not disclosed by the complainant at the time of entrustment of the parcel to the O. P.

If the contents of the parcel were not disclosed by the complainant, it was open for the O. P. to insist the complainant to disclose the same. In the instant case, no such effort has been made by the O. P. Further, there is a duty cast upon the Postal Department to deliver the consignment to the consignee in its original form without causing any damage to the consignment, having accepted the consignment after collecting the required parcel charges. As found by the "panchas" 12 sarees were removed from the parcel. Since the parcel was in the custody of the Postal Department, the irresistible conclusion that can be drawn is that some postal staff have removed the sarees from the parcel. Therefore, in our view, the Circular on which the O. P. has placed reliance cannot be made applicable to the case on hand for the purpose of payment of compensation to the complainant. In the said view of the matter, we are of the view that the District Forum is right in allowing the complaint of the complainant and awarding payment of cost of the sarees as compensation and cost of Rs. 5,000, even though the complainant has claimed compensation of Rs. 1,00,000.

IN the result, we pass the following Order: (1) The appeal is dismissed. (2) The O. P. has deposited a sum of Rs. 17,900 in this appeal before this Commission on two occasions. Office is directed to transfer the said amount to the District Forum with a direction to the District Forum to pay the same to the complainant after due notice to him.

Appeal dismissed.