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DELHI STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, NEW DELHI
Hon’ble Mr. Justice A.P. Chowdhri, President;
Ms. S. Brar & Mr. Desh Bandhu Agarwal, Members
WESTERN ELECTRONICS LTD.—Appellant
versus
VED PRAKASH—Respondent
Case No. A-287 of 1995—Decided on 7.8.1995
The normal presumption of service applies when a notice is sent by registered post and not received back undelivered.
Headnote:
Service of Notice - Share Certificates - Presumption of Service
Fact of the Case:
The complainant sent share certificates for transfer to the opposite party by registered post. The opposite party failed to receive the certificates and did not appear in response to the notice sent by the District Forum.
Finding of the Court:
The court held that the failure to receive the acknowledgment of delivery card does not negate the presumption of service when a notice is sent by registered post and not received back undelivered. The appeal was dismissed, and the opposite party was directed to comply with the District Forum's order within 30 days.
Issues: Service of notice, presumption of service, failure to receive acknowledgment of delivery card
Ratio Decidendi: The normal presumption is that a notice sent by registered post and not received back undelivered has been served. The failure to receive the acknowledgment of delivery card does not rebut this presumption.
Final Decision: The appeal was dismissed, and the opposite party was directed to comply with the District Forum's order within 30 days.
Mr. Justice A.P. Chowdhri, President— The complainant sent some share certificates to opposite party No. 1 for transferring the same in favour of the purchasers by registered post on 25.3.91. He failed to receive the said certificates. He approached the District Forum for direction to the opposite party to return the share certificates after doing the needful alongwith costs of Rs.500/-. The opposite party No.2 was impleaded as transfer agents of opposite party No. 1. Opposite Party No. 2 appeared but did not file any reply. Opposite Party No. 1 failed to appear even though notice by registered post was sent and the registered envelope was not received back undelivered. The complainant supported his case by filing his Affidavit. The District Forum directed the opposite party No. 1 to return the certificates duly endorsed in the name of the purchasers within 30 days from the date of the order failing which the complainant was to recover damages @ Rs. 100/- per week till the share certificates were returned. Opposite Party No. 1 was also directed to pay Rs. 1000/- as damages and Rs. 500/- as costs.
2. Aggrieved, opposite party No. 1 has preferred this appeal. The main contention of learned Counsel is that A/D Card had not been received back and it was necessary for District Forum to await for the same before holding that opposite party No. 1 was served. There is nosuch requirement. On the contrary if a notice is sent by registered cover and the same is not received back undelivered the normal presumption is that it must have been served. That presumption has not been reverted by producing a certificate from the post office that registered letter was not delivered to the addressee. We do not find any merit in the appeal which is dismissed in limine. As the time allowed by the District Forum has expired, the appellant may comply with the order of the District Forum within 30 days from the date of receipt of this order. Disposed of in these terms.
3. A copy of the order be communicated to the appellant.
Appeal dismissed in limine.
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