S.A.SHAH, A.K.SHAH
DEPARTMENT OF POSTS, RAJKOT – Appellant
Versus
J. K. DAIGNOSTICS – Respondent
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 conte
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