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Mohit Chawla (Associates)     30 May 2011

Consumer citation against the postal department

Sir,

And all my lawyer friends,

I want to know about that there is anny citation or citations against postal department which didn't allow him immunity of section 6 under Indian postal Act

“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 by 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.”

please send me as earlier

Thanks

With Regards

Mohit Chawla

Advocate



Learning

 1 Replies

Shanky (Advocate)     31 May 2011

Dear Mohit

The citation u r looking for are

1. Non-delivery of post - Articles sent through post not delivered to addressee – Post
office liable for deficiency in service – Shelter of Sec. 6 of Post Office Act cannot be availed
by OP. – 2009(1) CPC 419 N.C.

2. NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

 

REVISION PETITION  NO. 781 OF 2010

 

(Against the order dated 24.06.2009  in Appeal No. 207/2009 of the State Commission, Kerala) pronounced on 31.3.2011..

in this learned court held that Section 6 does not apply on modern post methods like speed post/registered post.

I hope these will help ur case..

In the mean time can u  provide me with some sort of citation where it is shown that Legal notice is not required to intiate proceedings in the consumer court against post office. I really got struck on dis point in my case...

 

Regards

Shanky Jain

Advocate

9729000060

shankyindia@yahoo.in


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