Dear Comrades,
Section 6 of the Indian Post Office Act says the Government shall not
incur any liability by reasons of the loss, mis-delivery, delay or
damage to any postal article in course of transmission by post except
when expressly undertaken by the Central Government. And no officer of
the post office shall incur any liability by reason of any such loss,
mis-delivery, delay or damage, unless he has caused the same
fraudulently or by his wilful act or default.
The National Consumer Disputes Redressal Commission, therefore, was constrained to dismiss the appeal in S. Parameshwar vs Chief Post Master General, Bangalore despite deficiency in service writ large on the part of Speed Post.
The appellant had instructed his employer on his retirement to pay off
his society from which he had borrowed from out of his retirement
benefits. Accordingly, a cheque for about Rs 50,000 was made out and
dispatched through Speed Post.
The post office admitted that it had misplaced it and, accordingly, the
appellant had to face the wrath of the society which insisted on an
additional payment of Rs 17,000.
The NCDRC expressed helplessness in giving relief in the face of the
legal immunity post offices enjoy and the appellant’s inability to make
out a case of fraud or wilful default on the part of the officer
concerned in the post office.
Business Line
