Mr. Justice K.D. Shahi, Chairman—This is an appeal against the order of the District Forum dated 24.10.2002 allowing a compensation of Rs. 15,000/- to the claimant and a cost of Rs. 1,500/- and on the com-pensation, if not paid within a month, further to pay 9% interest.

2. The facts of the case are that Kumari Pallavi wanted some education in Delhi and she has to appear in some tests. She sent a bank draft and certain other papers by registered post on 22.5.1999. It was not received by the addressee. Her father had to rush to Delhi for a number of times. The complainant could not appear in the test of June and July. Again, she sent the bank draft, application form etc. on 18.8.1999. Then, she appeared in test on 24.9.1999.

3. What appears is that she has already appeared in tests. But the registered letter sent has not been delivered to the addressee. She got her bank draft cancelled and she received a sum of Rs. 5,224/-. She could not receive Rs. 100/- as price of the indemnity bond. She also spent Rs. 20/- in getting a duplicate bank draft. She had to pay Rs. 10/- as cancellation charges. She has despatched the bank draft on 22.5.1999 but she received the amount of the bank draft on 26.6.2000 i.e., after about 1 year 1 month. She has claimed interest on that amount. She has alleged that she has suffered a loss of Rs. 1,277/-. She went to Delhi for seven times and spent Rs. 3,500/-. She has also claimed a compensation of Rs. 25,000/-.

4. The registered envelope has not been handed over to the complainant. It was also not delivered to the addressee. There was a number of pleas before the learned Forum but here it was argued that the compensation as awarded is excessive. It was argued that under the provisions of the Act, the envelope should have been insured and the claimant is entitled to maximum compensation of Rs. 200/-.

5. We have heard the learned Counsel for the parties and gone through the records. The complainant has already appeared in the examination although after two months. For that she has suffered nothing. As regards the amount of bank draft, it is already been received and according to the own allegation of the complainant, she has suffered a loss of Rs. 1,277/- only in terms of money. If she or her father had visited Delhi seven times, she cannot claim compensation for daily journey to Delhi. None has asked her to undertake such journey. It is true that the claimant has to suffer but the claim of Rs. 25,000/- is highly excessive and the amount as awarded by the Forum is also very much high. The claimant has nothing to suffer on account of her non-examination. It is true that she is entitled to the actual loss of Rs. 1,277/- and also some compensation on the ground of harrassment meeted out by her and a compensation of Rs. 6,000/- shall meet the aims of justice. In a similar case decided by this Commission in Appeal No. 154/2002, Indian Postal Department v. Naffisuddin, decided on 30.9.2002, it has been held that Section 6 will not apply. It was argued that Section 6 shall apply only if some fraud or wilful negligence is proved. When there is no trace of the registered letter even in this period of 4 years, the wilful default shall be presumed. It was also held that Section 170 of the guide shall not apply because that is of the jurisdiction of the Post Master not of the Forum or the Commission.

6. In the circumstances as such, the claimant is entitled to get Rs. 1,277/-, the actual loss which she suffered and a sum of Rs. 6,000/- as compensation. As regards the question of interest, a time was given to the appellant to pay compensation and interest was also allowed to be paid after the lapse of that period. Naturally, there is right of the complainant to get that amount and if she does not get it, she is entitled to some interest on that. As in this case, the amount is reduced the interest shall also be paid only on the amount of Rs. 7,277/- only from the date as given in the order of the learned Forum. The c