Heard Miss.S.Patra,learned Central Govt.counsel  for the appellant. None appears for the respondent.

2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.                      The case  of the complainant, in nutshell  is that the complainant  sent the original documents for admission in Jyoti Vihar,Burla on 23.08.2007 by Speed post from Jharsuguda Post Office, but the documents did  not reached the destination. Therefore, he made query and but no action was taken by the OP. Therefore, he made claim before the OP for compensation and cost.

4.            The OP   filed written version stating that they have received the postal articles but  they are lost for which they paid double the  speed post charges as per Rule.  Thus, there is no deficiency in service on the part of the OP.  

5.                       After hearing both the parties, learned District Forum  passed the following order:-

                       Xxxxxxxx      xxxxx               xxxxxxxxx

                    “ The complaint petition is allowed. The Ops are directed to pay compensation worth Rs.50,000/-(Rupees Fifty thousand) jointly and severally to the complainant within two months from the date of receipt of this order. Further the Ops are directed to pay Rs.500/-(Rupees Five thousand) to the complainant towards cost of the proceeding within the aforesaid time.”

6.             Learned Central Govt. counsel for the appellant submitted that learned District Forum has committed error in law by not going through the necessary law for awarding the double speed post charges in the event of the loss of the postal articles. She tried to  convince us  that since the speed post charge  has  already been paid, there is no  cause of action to file the case.  Therefore, he submitted to set-aside the impugned order by allowing the appeal.

7.               Considered the submission of learned counsel for the parties, perused the DFR and impugned order.

8.                      It is admitted fact that  the complainant  had sent  her documents including bank draft to the Jyoti Vihar,Sambalpur. It is also admitted fact that the postal articles does not  reach the destination  and after query  they paid the double speed post charges to the complainant. Now the question arises   whether the complainant proved the deficiency in service on the part of the  OP. No doubt  the complainant has sent the documents by speed post but it has been missed. Of course she cited the Rules  of Central Govt. Notiification     dtd.22.01.1999 vide Annexure A/2 where it has been mentioned that  “in the event of delay of domestic speed post articles beyond the prescribed delivery norms published from time to time, as a part of journey back guarantee, the speed post charges paid by the customer will be refunded, subject to the condition that :-

(i) Delay due to curfew, bandhs and strike etc. will not count as delay in delivery and such days of interruption will be excluded from the total days taken in delivery of articles.

(ii) The art