Mr. Justice G.M. Mir, President—This is an appeal under Section 13 of J&K State Consumer Protection Act, 1987 against the judgment and order passed by the Divisional Forum, Jammu on 30.12.1992.

2. In brief the facts of the case are that the respondents herein sent an application for allotment for a plot situated in Chandigarh on 26.7.1991. He sent the letter through speed post which had to be delivered to the addressee in Chandigarh on the following day. The last date for depositing the application forms was 31.7.1991. The speed post allocation however, came to be delivered at Chandigarh on 3.8.1991 at 5 p.m. It has been claimed by the respondent in the Division Forum that the appellant was responsible to have deliberately caused loss of property to him because of inadequacy of service. In the Divisional Forum, the appellant resisted the claim on the ground that for one reason or the other, no flights took place from Delhi to Chandigarh on the days intervening 27th to 3rd of August, 1991. A letter to this effect was on record from Delhi Manager of the appellant. The Divisional Forum has of course taken note of this but in our view has failed to give it the consideration it dese