Mr. Justice J.D. Kapoor, President—On account of deficiency in service in not delivering the passport of the respondent which was transmitted by registered post by the respondent No. 2, Regional Passport Officer, the appellant has vide impugned order dated 18.8.1997 been directed to pay Rs. 5,000/- as compensation and cost for the harassment and inconvenience and avoidable duress he has been subjected to. Feeling aggrieved the appellant has preferred this appeal.

2 The Counsel for the appellant has referred to the provision, of Section 3 of the Indian Postal Act which only renders the appellant liable to pay Rs. 100/- for mis-delivery or short delivery of an article or delivery of an article in damaged condition.

3. In our view this liability is only for the limited purpose and not for the purpose of compensating consumer on account of deficiency in service on the part of provider of service. The Consumer Protection Act, 1986 is an independent Statute and is self-contained and does not postulate any such liability that is limited to the extent as laid down in Section 3 of the Indian Postal Act. It was for the purpose of bringing efficiency in the working of the providers of service and manufacturing and sale of qualitative goods by the traders and to protect the interest of the consumer that this special statute was brought on the Statute Book. Any dispute that falls within the ambit of ‘consumer dispute’ under this Act is an independent dispute of any liability arising from ‘deficiency’ as defined by this Act is a liability independent of any other law.

4. Section 2(1)(d)(ii) of the Consumer Protection Act defines the ‘consumer’ as under:

(d) “Consumer” means any person who,—

(ii) [hires or avails of] any service for a consideration which has been paid or promised or partly paid any partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who [hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person [but does not include a person who avails of such services for any commercial purpose].

5. ‘Deficiency’ as defined in the Consumer Protection Act, 1986 means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.

6. Had this law not been brought on the Statute Book the Government functionaries would have become unaccountable, lethargic and inefficient and other providers of service and the traders would have been indulging in unscrupulous activities in selling fake goods and rendering deficient services.

7. The conduct of the appellant in not transmitting the passport to the respondent which was deposited with it through registered post for which extra amount was charged clearly falls within the mischief of deficiency in service as contemplated by the Act as the appellant has availed the services for consideration.

8. For the foregoing reasons we do not find any merit in the appeal and dismiss the same in limine.

9. Bank Guarantee/FDR, if any, furnished by the appellant be returned forthwith.

10. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. A copy of this order be also placed in the other file also.

Appeal dismissed.

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