DELAY IN POSTAL SERVICE
PRASHANT PANDEY
(Querist) 29 April 2011
This query is : Resolved
I HAVE SEND MY HJS FORM TO UTTARAKHAND HIGH COURT NAINITAL THROUGH REGISTERED POST. LAST DATE WAS 18TH APRIL. I HAD SEND MY FORM ON 12TH APRIL AT 9.19 P.M. MY FORM WAS NOT REACHED DUE TO NEGLIGENCE OF POSTAL DEPARTMENT. I WANT TO SUE THEM ADVISE ME.
R.Ramachandran
(Expert) 29 April 2011
You sent by what mode - registered post or speed post or ordinary post?
M.Sheik Mohammed Ali
(Expert) 29 April 2011
you can file delay in service either file consumer case or criminal case, once again confirmed that is postal problem.
Guest
(Expert) 29 April 2011
Though postal department is a public utility department, but it is not working in the interests of public service, rather working in the interest of the courier services companies.
A time was there when the pstal services were so maintained that its aim was to deliver the articles within 24 hours irrespective of distance of the addressee.
You can file a case in the consumer forum.
Kiran Kumar
(Expert) 29 April 2011
you can proceed with consumer litigation but dont expect a heavy compensation.
make sure there were no lapses on your part.
Devajyoti Barman
(Expert) 29 April 2011
If you could prove that the Postal department has made inordinate delay in sending the document which resulted in your some kind of loss then make a complaint to the Consumer Forum.
M/s. Y-not legal services
(Expert) 29 April 2011
yes consumer complaint only the way to remedy for you.. but if the delat by any act of god mean? even try to invoke the extrordinary jurisdiction of your high court's under A.226.
Advocate. Arunagiri
(Expert) 29 April 2011
Mr.Ramachandran,
the querist had already stated that the post is Registered Post.
Consumer case can be filed, only in case of deficiency of service. But, if the delay was because of any natural calamity, the case will not maintainable / succeed.
Arvind Singh Chauhan
(Expert) 29 April 2011
Please seniors contribute your opinion and interpret the Sec 6 and Rule 72 as referred in following judgments and do suggest if there is other remedy available.
Indian Postal Rules, Rule-72-Registered letter, parcel etc not being insured and sender not declaring contents thereof at the time of it’s registration- No compensation can be awarded in it’s loss- in any case if such letter/parcel is insured the amount shall in no case exceed the value of contents of article insured- SCDRC-UAD-2009(2)-282.
SEC-2(g)(o)- Complainant had sent on 25-11-2002 an application for job of his son by speed post-on reaching on 30-11-2002 he was informed that his application was not received- consequently he could not be interviewed and could not get employment- District forum directed to postal deportment to pay30 postal charges and7000/- as compensation and1500/- as cost of litigation- On appeal by postal department, in view of exemption from liability from loss, delay etc of postal article in course of transmission as envisaged under Section 6 of Post Office Act- Appeal partly allowed modifying order as complainant was allowed For30/- postal charges and1000/- as litigation expenses- SCDRC-UAD-2009(2)-74.
Sec-6 Indian post office act- exemption from liability- registered letter with demand draft not delivered to addressee- Forum directed to OP to pay amount of bank draft with interest- order set aside in appeal -hence revision- Willful act or default on part of department not alleged- exemption under Sec 6 available- Postal department/ it’s employee can not be held liable for misdelivery of registered letter- NC-CLJ-2009-Mar-201.
Liability of postal department for loss misdelivery or delay in delivery of postal articles- Govt. is exempted from such liability as also the post department- such liability can be incurred if such misdelivery or delay in delivery or damages to articles entrusted to postal department for transmission if it’s officer has caused the same fraudulently or by his willful act or default as provided by Sec-6 of Post Office Act- Liability limited to postal charges- SCDRC-UAD-2009(2)-282.
Will full delay in delivery of speed post on the part of postman- Entitled to claim-protection of Sec-6 of Post Office Act not available- SCDRC- UAD-2009(2)-361.
Guest
(Expert) 03 May 2011
So whether consumer complaint is maintainable or not looking to the Indian postal rules?
Sarvesh Kumar Sharma Advocate
(Expert) 08 May 2011
no consumer courts are not bounded by the telegraph act.
you may proceed before telegraph act regarding this mattar but if you r filing the case before consumer court there is no prohibition by LAW!
