The provisions of Section 6 of the Indian Post Offices Act would not be applicable in case of deficiency in service which is a separate cause of action and a new right created under the Consumer Protection Act.

Mr. Justice S.A. Shah, President—This appeal is filed by Department of Posts, Rajkot, the original opponent. For the sake of convenience we will describe the parties as complainant and opposite party.

2. The present Respondent—the original complainant had sent two drafts of Rs. 5,000/- each on 25.11.91 and 26.22.92 by Registered post to M/s. B.R. Enterprises, Ludhiana. It appears that these drafts were not delivered to the addressee i.e. M/s. B.R. Enterprises but were alleged to have been delivered to M/s. Hero Majestic, Ludhiana. Therefore, the complainant appears to have filed the complaint against the Postal Department claiming the damages of Rs. 10,000/-, the amount of draft, Rs. 5,000/- compensation and cost. On receipt of the summons from District Forum the Postal Department through Sr. Supdt. of Post Offices filed its version accepting that the alleged letters were sent by Registered Post but the contents of the letters were not disclosed. In para 3 of the written statement the appellant has pressed the provisions of Section 6 of the Indian Post Offices Act and further contended that the Consumer Protection Act does not superscribe the other enactments and specific contention has also been raised that the opposite party was not liable for a ny loss caused by the wrong delivery of an article in view of the provisions of Section 6 of the Indian Post Offices Act. There is no doubt that the registered letter was not insured. In order to appreciate the submissions of Mr. Dave, the learned Advocate appearing on behalf of the appellant, the provisions of Section 6 requires to be reproduced. Section 6 of the Indian Offices Act reads as under:

6. "Exemption from liability for loss, misdelivery delay or damages :

The Government, shall not incur any liability by reason of the loss, misdelivery or delay of, or damage to any postal article in course of transmission by post, except in so far as such liability may in express terms be undertaken by the Central Government as hereinafter provided; and no officer of the Post Office shall incur any liability by reason of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his wilful act or default."

Section 6 can be divided into two parts. The first part deals with the liability of the Government and the second part with the liability of the officers of the Post Offices. In the instant case no complaint is filed against any of the officers of the Post Office. The claim has been made only against the Post Office and, therefore, it is not strictly necessary to interpret the second part of Section 6. However, we refer the same for the purpose of understanding the full meaning of the provisions of Section 6.

3. Section 6 in terms states that the government shall not incur any liability by reason of loss, misdelivery or delay of or damage to any postal article in course of transmission by post, except in so far as such liability may in expressed terms undertaken by the Central Government as hereinafter provided. This, to our opinion is a blanket exemption to the Post Offices for liability arising out of loss, misdelivery, delay or damage to any postal article except when such liability is undertaken by the Central Government which has been provided hereunder.

4. Mr. Dave draws our attention to the liability in respect of the registered post as provided in Post Office Guide Part I, Section II, Clause 170 which reads as under:

"170 Compensation — (1) The Head of the Circle may grant to the sender, or at his request to the addressee solely as an act of grace, and not in consequence of any legal liability compensation upto a limit of Rs. 50/- for the loss of any inland letter, packet or parcel, or its contents or for any damage caused to it in course of transmission by post, subject to the following conditions:—

(a) That the prescribed registration fee shall have been prepaid in addition to the postage.

(b) That the application for compensation shall have be