LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

common_man (NA)     10 August 2012

Urgent:ems speedpost delivery receipt missing from court

Respected Experts,

My lawyer sent a EP (Decree) summons from District Court to JD through EMS Speed post. The summons deliver date was 14-dec-2011. We checked through Indiapost EMS tracking that that summons has delivered successfully.

The receipt of the EMS speed post should go directly to District Court Ragistrar.

Since JD did not responded to summons, we issued the public notice for him.

After 7 months, last week JD appeared in the court with Written Statement. He took the stand he did not received the summons. My lawyer searched the file and he said he do not see the receipt in the record.

This becomes problematic. As per my lawyer, JD with his lawyer may given some money to clark to see the file and may took the receipt without anybody notice.

Now how to get the receipt? I contacted the Indiapost. They said its more than 6 month old delivery so they can not help.

Is there is any way I can get from PostOffice. Can they certify that the delivery is successfully happened?

My hand-foldef humble request to you all to give me some guidence to show the right path to get the Prooft of Delivery.

Thank you all and egerly waiting for the reply.

Dev



Learning

 6 Replies

Kumar Doab (FIN)     10 August 2012

You should have retained a photocopy of the receipt.

You may approach O/o Speed Post Area Manager with speed post number. Write down a request to provide delivery certificate and certified copy of runs sheet on which post man obtained acknowledgment with signature. You may have to affix Rs.10/ postal stamps on the letter. Do not forget to obtain acknowledgment under seal and signature. Usually it is supplied with 10 days. You may mention that you shall collect in person.

If you have the receipt number you may ask the area manager to generate a POD from his system.

If you do not have receipt number you may also request someone from the clerical staff and they can check in computer on the date of booking and provide the receipt number.

If system generated POD can not be provided you may adopt RTI route, if possible.

Court can also order the postal authorities to produce delivery certificate.

 Valuable advice of learned experts/members is sought.

1 Like

common_man (NA)     10 August 2012

Thank you Kumar-Sir.

I never thought that document will go away from the court too. Since receipt suppose to go to court directly so i do not have even access to receipt. I should have saved the screenshot of the receipt for which i am cursing myself.

I do have EMXXXXXXXXIN number of the parcel through which we sent the document.

I contact the post office people. The people are non-operative and rude. So they said flatly nothing can be done.

So i am desparate to get the prooof of delivery record. Will filing the application help to tract 8 moths old parcel?

thank u once again

Kumar Doab (FIN)     10 August 2012

Everything is possible. Apply your resources. Generate some acquaintance.

MANI RAM SHARMA (Advocate)     11 August 2012

Court staff is expert in such tacitcs. You should apply to delivering post office for a certified copy of the delivery list of the date with a fee of Rs.10/=. Simultaneously you may also apply under RTI for dates of lists destroyed. The Post Office keeps these lists upto one year. For details you may also call copies of relevant rules of Post office.

common_man (NA)     14 August 2012

Thank you Sharma-Sir !

I applied to post office with letter. It took 2 days to file the letter. Intially staff reluctant and denial mode that they can not give the delivery record of more than six month old postal delivery.

Upon insist and some 'gifts', they accepted the application. Now lets see when I will receive the response and what response they will write. I just pray something good should come out. Anxiously waiting for the response from postal department.

Thank you once again for your support and the time for the response.

Dev

MANI RAM SHARMA (Advocate)     14 August 2012

It is experienced that facing any public servant is the worst and unfortunate experiencein India. Therefore face the Public Servants least instead send your requests by regd posts only.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query