Upgrad LLM

Speed Post

This query is : Resolved 
 

(Querist)
06 November 2009

Whether a consumer case before consumer forum can be initiated against Post Office for deficiency in service with regard to SPEED POST?
Who shall be appropiate O.P?


Raj Kumar MakkadOnline (Expert)
06 November 2009

Definitely complaints can be filed but in a recent judgment, National Commission has upheld the validity of section 107 of Telegraph Act vide which no dispute in such matters can be raised against Department of Telegraph Act before any court of law so after coming to know about that citation, I can say no chance at all till this citation is reversed or any favourable citation comes.

Adinath@Avinash PatilOnline (Expert)
06 November 2009

YES YOU CAN FILE CONSUMER COMPLAINT BUT BEFORE THAT YOU FILE COMPLAINT UNDER TELEGRAPH ACT

Sachin Bhatia (Expert)
06 November 2009

Recently one of my similar case gone against me in HC.

Sachin Bhatia (Expert)
06 November 2009

The Indian Post Office Act, 1898

Sec 6. Exemption from liability for loss, misdelivery, delay or
damage.- The [Government] shall not incur any liability by reason of
the loss, misdelivery or delay of, or damage to, any postal article in
course of transmission by post, except in so far as such liability may in
express terms be undertaken by the Central Government as
hereinafter provided; and no officer of the Post Office shall incur any
liability by reason of any such loss, misdelivery, delay or damage,
unless he has caused the same fraudulently or by his willful act or
default.

V.V.RAMDAS (Expert)
08 November 2009

Dear Soma, You can file a complaint case before Dcdrf but it will not stand as the postal department has got immunity u/s 6 of the Post office Act. So your efforts will be futile. Sachin Bhatia has correctly answered. Mr Makkad has given wrong advise. It is not comming under Telegraph act.

Advocate Anuj Anand (Expert)
22 February 2011

Mr Sachin Bhatia and V.V Ramdas are correct but go through CPJ 1993(2) it might help you



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