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Judgment
THIS appeal is directed against the order passed by the District Forum, Kannur, in opposite party No. 529/91. Opposite party is the appellant.
FOR the reasons stated on the petition to condone the delay in filing the appeal, we allow the petition and condone the delay. The respondent has sent statement saying that now the position has changed that she was not in a position to proceed further with the case in an individual capacity that the delay in this case may kindly be condoned and that "this case/appeal withdrawn/closed". What we could gather from this statement is that complainant did not press the complaint. The communication alleged was sent only by ordinary post. The complainant''s case is that she was a candidate for Entrance Examination for Medical/Agricultural Course for 1991-92 and the examination was held on 29.6.1991 and the admission card posted on 18.6.1991 was received only on 2.7.1991.
The District Forum awarded a compensation of Rs. 500/-. In this appeal Section 6 of the Post Office was pressed into service. The Section 6 gives immunity to the officers of the department from any claim in respect of the delay in delivery unless it is shown that the particular officer who was responsible for the delay has acted wilfully, maliciously and fraudulently. In the circumstance we are unable to sustain the order passed by the District Forum.
HERE there is the additional fact the Admission Card was sent only by Ordinary Post. Before parting with the matter we may menion that it would be appropriate that in a serious matter like the Entrance Commission, the authorities would be well advised to send such limitation by Registered Post so as to avoid loss of delivery or delay in delivery. In the result appeal is allowed and the impugned order is set aside and the complaint is dismissed. Appeal allowed.