IMPORTANT POINT
Non-delivery/delayed delivery of posts constitute deficiency in service.

Mrs. Rama Ananth, Member— This is an appeal filed by the complainant against the order dated 30.6.09 in complaint No. 14 of 2009 passed by the District Forum, Udupi dismissing the complaint of the complainant.

2. The case of the complainant is that he had sent an application to the post of Assistant Librarian through Registered Post Acknowledgement on 24.7.2007. The last date for applying for the said post was on 26.7.2007. But the OP instead of serving the same on the above mentioned address, it was served on the complainant. The complainant got the said registered post unserved, returned, on 25.7.2008 due to negligence of the OP, as the last date for applying for the said post was on 26.7.2007, the complainant could not apply for the said post. Hence, after issuing legal notice, this complaint was lodged before the DF.

3. The DF, after accepting the defence put forth by the OP, has dismissed the complaint of the complainant, which led the complainant to file this present appeal before us.

4. In this appeal, we have heard the arguments of LC’s appearing on behalf of both the parties.

5. The LC for the appellant submits that the registered postal cover sent in the form by the appellant by mentioning both senders and addressee’s addressed at the space prescribed on it, is the standard format of the department itself. At the time of registering the postal cover across the counter, in the event of any error found in mentioning the address on the proper side, the employee of the department could have, refused to register the same.

6. The case of the respondent is that due to the wrong pattern of writing the address of addressee as well as sender on the registered article, the same has lead to confusion and the article was delivered to the appellant/sender. The provision in post office guide prescribes that the address of the addressee shall be written prominently on the right hand side of front of registered letter whereas the address of the Sender has to be written on the left.

7 .No doubt, there is a change in the pattern of writing the address of addressee as well as the sender on the registered article sent by the appellant. But the address was written at the space prescribed on it, is the standard format of the department itself.

8. Anyhow, the respondent/Post Office, in its letter dated 9.10.2007 addressed to the appellant states as follows: “Action is being taken to sanction eligible compensation. A separate sanction memo will be issued in this regard.”

9. It is clear from the reading of the above statement of the respondent that there is a mistake committed by their own employees for which they are ready/agreed to pay some compensation to the appellant. If that is so, we are of the view that the DF is not right in dismissing the complaint of the complainant. In the result, we pass the following order:

ORDER

Appeal is allowed. The impugned order is set aside. The complaint filed by the complainant is allowed. The OP is directed to pay Rs.5,000 as compensation and Rs. 1,000 as costs to the complainant within four weeks from the date of receipt of the order.

Appeal allowed.

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