The exception in Section 6 of the Indian Post Offices Act, 1898 regarding the general exemption from liability by the Postal Authorities comes into play if the postal letter or article is not delivered due to fraud, wilful act, or default of the postal employees.

Mr. Justice Surinder Sarup, President—This order will dispose of the above mentioned two appeals, as both of them are directed against one common order passed by the District Forum, Mandi, dated 14.3.2000. By the said order, learned Forum below has disposed of two complaints of the respondents herein, namely, Shri Bal Krishan and Shri Durga Dass.

2. As per the case of the respondents in their separate complaints, both are residents of a remote village in the interiors of District Mandi. They intended to appear in 10+2 examination in March, 1999, which was to be conducted by the Board of School Execution, Himachal Pradesh. With this end in view, both the complainants purchased Postal Order of Rs. 150/- each in September, 1998 from the local Post Office and after complying with the necessary formalities, sent all the relevant documents through registered letter on 22.9.1998 from Post Office, Pandoh, Tehsil Sadar, District Mandi. In token thereof, they also obtained Postal Receipt No. 1901/2 and 3900 respectively from the said Post Office. They were, thus, under the bona fide belief that their registered letter would be received in the office of the Board of School Education, Dharamshala, District Kangra in due course. Then their wait for their respective roll numbers started. The examination, in question, was to commence from 4.3.1999. Ultimately, they kept on waiting for their respective roll numbers, which were never received by them and, thus, could not take the examination. However, they did appear before the Superintendent of Examination Centre on the date of commencement of examination i.e. 4.3.1999 and informed him about the sending of the registered letter along with relevant documents, and also requested him to permit them to sit in the examination by issuing the duplicate roll numbers, but their request was declined. This led to the filing of their respective complaints in which it was alleged that they had incurred a loss of Rs. 6,000/- each by taking coaching for 6 months as private candidates for the said examination and the same was rendered futile due to the wilful negligence/default of the Postal Authorities by not delivering the registered letter to the concerned address, as a result of which, they were not allotted their respective roll numbers. In this manner, they claimed compensation of Rs. 2,50,000/- for the loss of one year educational career, mental tension, torture and inconvenience suffered by them.

3. The Board of School Examination being opposite party No. 1, denied having received the documents, postal order etc. from both the complainants. Therefore, no roll numbers were allotted or issued to them. It was admitted that the examination for 10+2 had commenced from 4.3.1999.

4. On behalf of other opposite parties, all being Postal Authorities, the maintainability of the complaint was questioned on the ground that there was a complete bar to the complaint under Section 6 of the Indian Post Offices Act, 1898. Various other objections of preliminary nature were also taken in the reply. On merits, it was denied for want of knowledge whether the complainants had sent the registered letter on 22.9.1998 from Pandoh Post Office addressed to the Board of School Education, on the ground that the complainants had not lodged any complaint about the non-delivery of the registered letter by approaching the Postal Authorities. The latter came to know of non-delivery of any registered letter on receipt of legal notice dated 4.8.1999 from the Counsel of the complainants.

5. The learned District Forum, Mandi, in its detailed order, looked into the pleadings and evidence of the parties as well as it has dealt with the immunity claimed by the Postal Authorities behind Section 6 of the Indian Post Offices Act, 1898. It has come to the conclusion that the complainants in the present case have been able to satisfy the learned Forum below that they suffered damages due to the default (emphasis applied in the impugned order)