The Postal Authorities are liable for the delay in delivery of a Speed Post parcel if it is caused by the fraudulent or wilful act or default of the Postal Officer.

JUDGMENT - A.A. HALBE, President.:---This is an unfortunate event wherein we find that the Postal Authorities have not come with clean hands before us and we are, therefore, not inclined to disturb the order of the District Forum in Complaint No. 156/96, passed by the District Forum, Akola directing the Postal Authorities to pay Rs. 5000/- by way of compensation which has to carry 18% interest plus cost of Rs. 250/- for the inordinate delay in the Postal article delivery of the Speed Post Parcel handed over to them by the respondent on 8-1-96 at Akola for delivering the same to the addressee "The Secretary, U.P. Urdu Academy, Balehra House, Quaisar Bagh, 21, R.K. Tandan Road, Lucknow-226 001." The article was presented for the delivery to the addressee on 22-1-96, and hence the Academy refused to accept on the ground that the same was received after the stipulated date of 15-1-96 meant for submission of Urdu Literature for being selected for the award of the prize. The complainant is a literary figure in the Urdu Literature and is working as a Lecturer in the College at Akola. The complainant claims to be a Urdu Poet who has published the publication titled as "Janjir" in December, 95. The said book was acclaimed and liked by Noted, Literatures of the Country. The complainant annexed the copies of the reports published in various newspapers and the Appreciation Letters addressed to it.

2.The U.P. Urdu Academy, Lucknow through its Press Advertisement solicited Urdu Literature Books from all over India, published between 1-1-95 to 31-1-95 for selection of award of cash prize. The last date of receipt of the books was nominated on 15-1-96 till 5.00 p.m. The books were to be sent in 8 copies and, accordingly, the complainant who wanted to be nominated for such prize, sent 8 copies by post parcel under the Speed Post on 8-1-96 from Akola Post Office. He was given postal receipt No. 394, and he was charged Rs. 155/- on the basis of the weight. However, to his most frustration and astonishment, he received back the parcel on 27-1-96, appearing the mark of the Academy "Refused" as having been received after 15-1-96 . The refusal date is 22-1-96. The complainant contended that because of the laxity and inefficiency on the part of the Postal Authorities and in spite of parcel being booked under Speed Post on payment of Rs. 155/-, his book could not be considered for award of prize. The Award of Prize could have enhanced his reputation as a Urdu Poet through out the Country. But for the in-efficiency on the part of the Postal Authorities, the book could not be considered.

3.As against the order of the District Forum, the Postal Authorities have come before us in appeal and the learned Counsel for the Postal Authorities has drawn our attention to the Zerox-copy of the outer cover of the Speed Post Parcel which bears the endorsement "Last Date - 15-1-96 : Refused Date 22-1-96. The Urdu Academy to which the book was addressed made this endorsement. The learned Counsel as contended that the complainant put wrong address as "Qadar Baug" and not as "Quaisar Bagh" and that is why there was delay. Apart from that, reliance is heavily placed on section 6 of the Indian Post Act. The National Commission in the case of (Sr. Supdt. of Post Office v. Consumer Rights Protection Council)1, in Revision Petition No. 175 of 1992 and 247 of 1992, held that although the Speed Post is a recent concept, the same is still covered by section 6 of the Indian Post Act and that section 6 of the Indian Post Act clearly protects the Postal Authorities in case the parcel is lost during transit. The learned Counsel contended that on both these counts, the order of the District Forum deserves to be set aside.

4.When we have gone through section 6 of the Indian Post Act, we find that the protection is extended to the Postal Authorities. But the same provision also provides that if the loss is caused fraudulently or by wilful act or default on the part of the Officer of the

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