IMPORTANT POINT
Provisions of Post Office Act does not apply in case of speed post service because it is a special service given by Post Office to its consumer.

K.C. Bhargava,(President):- This is an appeal against the judgment and order dated 23-10-1992 passed by District Consumer Forum, Dehradun in complaint Case No. 448/1992.

2. The facts of the case stated in brief are that the complainant sent an envelope on 13-6-1992 from Dehradun by speed post. According to the complainant there was an application for job in this envelope whose last date was 15-6-1992 and it was assured that this letter will be delivered by 15-6-1992. This envelope reached the destination on 17 -6-1992, hence it was returned. The complainant has therefore, claimed Damages.

3. The opposite party in its written version has stated that a sum of Rs. 30/- which was charged as fee can be returned. The opposite party is not liable to pay any compensation.

4. The learned District Forum, after considering the evidence of the parties, came to the conclusion that there was deficiency in service on behalf of the opposite party hence it directed the Post Office to pay a sum of Rs. 1,000/- as damages it also directed that the opposite party shall pay the amount by 31-12-1992 failing which the interest at the rate of 15% per annum shall be payable.

5. Aggrieved against this order the appellant has come in appeal and has challenged the correctness of the order passed by the learned District Forum.

6. We have heard the learned Counsel for the appellant. The opposite party had the knowledge of the date fixed but did not appear in the date fixed.

7. The learned Counsel for the appellant has argued that the complainant is not entitled to get any compensation on account of non delivery of letter within time. According to the learned Counsel a sum of Rs. 30/- is liable to be refunded. We are not impressed with this argument of the appellant. In as much as it is a special service which has been •given by the Post Office to the consumers.

8. The Speed Post is a new method of delivery of articles which has been introduced by the Post Office some times back. It provides that the instruments shall be delivered to the addressee within a period of 24 hours to 72 hours depending on the distance to be covered. There is a specific assurance given to the persons that if letters are sent by Speed Post then the same will be delivered within a time bound period. The charges for speed post are higher than the registered post. It is the duty of the Post Office to deliver the letters within the specified time which has been made known to the person at large. If the letters are not delivered in time then there is a deficiency in service on behalf of the opposite party. No provision of the Post Office Act will apply in such a case because it is a special service given by the Post Office to its consumer which is not covered under any provision of the Act.

9. In the case of delay in delivery or non delivery by speed post the Chandigarh State Commission in the case of Senior Post Master v. Harjinder Singh, has held that it is the duty of the Post Office to deliver the articles quickly and if the articles are not delivered in time then the Post Office is liable to pay, compensation. Similar observations were also made in the case of Head Fost Master v. Vijay Ratan Agrawal.

10. Thus we find that there was a deficiency in service on the part of the Post Office and appellant is liable to pay the damages.

11. The learned Counsel for the appellant has further argued that the damages of Rs. 1,000/- awarded by District Forum are on the higher side. We do not consider this amount of damages to be on the higher side because of special nature of service which has been provided by Post Office to the consumer. Thus, the appeal is liable to be dismissed.

ORDER

12. The appeal is dismissed. The judgment and order of the learned District Forum are confirmed.

Let copy of this order be made available to the parties as per rules.

Appeal dismissed.