IMPORTANT POINT
Where a postal letter sent by speed post was delivered to person other than the one named in address and there was no explanation why it was not delivered to addressee himself, it would be a case of misdelivery committed wilfully and Section 6 of Indian Post Office Act will not provide protection to Postal Department.

Satyendra Kumar Gupta, Member— This appeal is directed against order dated 20.3.2008 passed by Palamu District Consumer Disputes Redressal Forum at Daltonganj in Consumer Complaint No.47 of 2007, whereby for deficiency in service, opposite party-appellant was directed to pay Rs.1,000 as compensation for mental agony and Rs.1,000 as cost of litigation. The appellant was further directed to pay the said amount within 60 days from the date of order, failing which interest @ 6% was payable from the date of order till the date of payment.

2. The appeal has been filed on 2.5.2008 whereas limitation period expired on 19.4.2008. A petition for condonation of delay under Rule 8(4) of the State Rules has been filed wherein it is stated that free copy of the impugned order was received by the Advocate of the appellant on 10.4.2008 and thereafter completing necessary official formalities including obtaining sanction to file appeal, it could be filed on 2.5.2008. It is further stated that delay caused in filing appeal was neither intentional nor deliberate. These facts remain uncontroverted. Obviously, appeal has been filed within 30 days from the date of receipt of the free copy of the impugned order. An endorsement regarding receipt of the free copy of the impugned order appears to have been made by the concerned Advocate in the corner of the 1st page of the impugned order, which is dated 10.4.2008. In the circumstances, 13 days delay caused in filing appeal from the date of impugned order, is condoned.

3. Complainant-respondent had filed complaint against the opposite party-appellant before the Palamu District Consumer Forum at Daltonganj claiming Rs.9,000 as compensation. His case was that he sent a letter containing a draft for Rs.3,000 and other articles by speed post from Kutchery Post Office, Daltonganj to Anil Kumar Gupta on his address at Panipat, Haryana, on 14.5.2007. But the said letter did not reach the addressee till filing of the complaint. On complaint made by the respondent to the Sub-Post Office, Daltonganj, he was informed that the letter in question was delivered to Anil Kumar Gupta on 18.6.2007. Thereafter, the respondent contacted Anil Kumar Gupta, but he informed that the said speed post letter was not received by him. Then the respondent filed the complaint.

4. On notice, the opposite party-appellant appeared before the District Consumer Forum, filed written statement and contested the complaint. It was admitted that the respondent had posted a letter addressed to Anil Kumar Gupta by speed post on 14.5.2007. It was further stated that the said letter was delivered on the address written on the letter on 18.5.2007 and that by mistake the respondent was informed by the appellant that the letter was delivered on 18.6.2007 on the address. It was further case of the appellant that the Postal Department could not be held liable for loss or delayed delivery of any letter or article as provided under Section 6 of the Indian Post Office Act. The Department was liable to pay only double of the price of stamps adhered on the letter. Therefore, the respondent was entitled to get Rs.50 only as the letter was posted to be sent by speed post on postal stamps of Rs.25.

5. In spite of issuance of notice, the respondent did not appear. Hence only appellant was heard and it was fixed for judgment on the basis of the materials on record.

6. The appellant has assailed the impugned judgment mainly on the ground that Section 6 of the Indian Post Office Act gives complete immunity to the Government from liability for loss, misdelivery, delay or damage caused to any postal article and that there was no allegation that any particular officer of the Post Office was guilty of fraud, wilful act or default which led to delayed delivery of the postal article.

7. According to Section 6 of the Indian Post Office Act, the Government shall not incur any liability by reason of loss, misdelivery, delay or damage to any postal article in course