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GOA CONSUMER DISPUTES
REDRESSAL COMMISSION, PANAJI
Honble Mr. Justice M. Raghuchander, President;
Mr. L.J. Dennis, and Smt. Inez Cotta Carvalho, Members
SURINDER SINGH––Appellant
versus
POST MASTER GENERAL, PANAJI––Respondent
Complainant No. 136/DF/90—Decided on 8.2.1991
Postal authorities are liable to pay compensation for negligence in delivering telegraphic money orders and the resulting loss or injury suffered by the complainant.
Headnote:
NEGLIGENCE - POSTAL SERVICES - DELAY IN DELIVERY OF TELEGRAPHIC MONEY ORDERS - COMPENSATION - POST OFFICE GUIDE PART I, CLAUSE 84 - INTERPRETATION - LIABILITY OF POSTAL AUTHORITIES.
Fact of the Case:
Complainant sent two telegraphic money orders, one for Rs. 501 and the other for Rs. 2,000, through the postal service. The first money order was delivered after a delay of 2-1/2 months, while the second money order was not delivered at all and was returned to the sender after 6 days. The complainant claimed compensation for the delay and the mental agony and suffering caused to him.
Finding of the Court:
The court found that the postal authorities were negligent in delivering the telegraphic money orders and that there was no justification for the delay. The court also found that the complainant suffered loss of reputation and mental and physical agony due to the delay.
Issues: 1. Whether the postal authorities were negligent in delivering the telegraphic money orders? 2. Whether the complainant suffered any loss or injury due to the delay? 3. Whether the postal authorities are liable to pay compensation to the complainant?
Ratio Decidendi: 1. The court held that the postal authorities were negligent in delivering the telegraphic money orders as there was no justification for the delay. 2. The court held that the complainant suffered loss of reputation and mental and physical agony due to the delay. 3. The court held that the postal authorities are liable to pay compensation to the complainant for the negligence and the loss and injury suffered by him.
Final Decision: The court directed the postal authorities to pay compensation of Rs. 15,000 to the complainant within 30 days.
Mr. Justice M. Raghuchander, President—The original complainant, Joginder Singh (since deceased) sent Rs. 501/- by Telegraphic Money Order from Vasco-da-Gama Post Office to his brother Gurucharan Singh at New Delhi. Admittedly the same reached the payee after a lapse of 2-1/2 months (i.e. on 20th February, 1990). Another Telegraphic Money Order for Rs. 2,000/- was sent by his son, from Monnugao Harbour Post Office on 26th September, 1990 to the complainant at New Delhi. Admittedly even though he was at New Delhi till 2nd October, 1990 it did not reach him and subsequently it was returned to Goa which was received back on 18.10.1990. Admittedly there was delay of more than six days in the second case.
2. According to the complainant the 1st Telegraphic Money Order was sent as a gift for his brother's daughter on her marriage and since the money did not reach in time, there was derogatory talks amongst his relatives at the time of marriage on 10th December, 1990 and his reputation was affected. In so far as the second Telegraphic Money Order is concerned it is stated, that the same was urgently required in consequent on his daughter falling seriously ill in the hospital at Delhi. Therefore the complainant has claimed a total compensation of Rs. 70,000/- for the gross negligence of the Postal authorities who caused physical mental agony and suffering.
3. The opposite party through the Sr. Superintendent of Post Office filed a reply admitting that the 1st Telegraphic Money Order was delivered after 2-1/2 months. The reason given for the enormous delay is stated to be for technical reasons. As regards the delay caused for the 2nd Telegraphic Money Order, this is stated to be for technical fault of machinery and on account of shifting of the complainant from Delhi to Goa.
4. During the pendency of this complaint, the complainant expired on 22.12.90 and his on filed an affidavit for bringing him on record in place of his father and the opposite party endorsed that they have no objection to substitute his name in place of original complainant.
5. We have considered the oral and written submissions of both the parties. After having admitted the enormous delay of 2-1/2 months in the 1st Telegraphic Money Order and 6 days for the 2nd Telegraphic Money Order, the opposite party have not given any justification for the delay. The only explanation given by them is that it was due to technical reason and technical fault of machinery. What these technical fault is, there is absolutely no evidence. At any rate we are unable to understand as to why Telegraphic Money Order sent from Vasco-da-gama to New Delhi took 2-1/2 months. It is not the case of opposite party that the payee for the 1st Telegraphic Money Order was untraceable or that there was major break down in the communication system resulting in all Telegraphic Money Order's getting struck up for 2-1/2 months. Similarly there is no reason by Telegraphic Money Order sent for Rs. 2,000/- (i.e.) second Telegraphic Money Order did not reach the Payee for 6 days and it could reach him only after he reached Goa back. The very purpose of sending Telegraphic Money Order is to cut down the delay in sending money by ordinary Money Order which might have taken a week or so. That this Telegraphic Money Order has taken 10 times that time clearly shows the callous negligence of the postal authorities in reaching Telegraphic Money Order. We are surprised and shocked at the defenses taken by the postal authorities in this case particularly that they are exempted from payment of any compensation as per clause 84 of the Post Office Guide Part I and that there is no mens rea in causing the delay. This is not a criminal case where the mens rea is to be proved nor the Postal authority are completely immune from any liability whatsoever of having to pay compensation.
6. In so far as loss or injury suffered by the complainant is concerned, it is in evidence that the complainant sent the 1st Telegraphic Money
