NEW DELHI, January 3, 2015
THE POSTAL DEPARTMENT STANDS PROTECTED AGAINST CLAIMS OF DEFICIENCY IN SERVICES BY VIRTUE OF A STATUTE
The
postal department takes 15 days to deliver a speed post resulting in a
woman missing out on her chance of being appointed as a JBT teacher.
However, the department stands protected against claims of deficiency in
services by virtue of a statute which says a post office is not liable
to compensate if damage caused was not wilful or fraudulent.
The
post office derives this protection from section 6 of the Indian Post
Office Act, 1898 which says no official of the post office shall incur
any liability by reason of any loss, mis-delivery, delay or damage,
unless he has caused the same fraudulently or by his wilful act or
default.
In
the instant case, a woman from Gurgaon, was denied any relief by the
Gurgaon District Consumer Disputes Redressal Forum when she claimed a
compensation of Rs. 20 lakh from three post offices after her
applications for JBT teacher’s appointment failed to reach the Delhi
Subordinate Services Selection Board’s office in time.
The
woman had sent two applications for appointment of JBT teacher by way
of speed post registry on December 31, 2009 through post office,
Pataudi, Gurgaon with last date for submission as January 15, 2010.
The
Speed Post registry failed to reach it in time to DSSS Board at
Karkardooma here even as a speed post should have reached within 48
hours.
She
moved the District Forum against Post Office, Pataudi, District
Gurgaon, the main post office in Gurgaon and the post office at
Karkardooma and also the DSSS Board seeking compensation.
In
their reply, the post offices at Gurgaon told the Forum that the
complainant’s post was dispatched to Speed Post Centre, Delhi on
December 31, 2009 for being delivered to its destination. However, the
centre in New Delhi inadvertently dispatched both the articles to
Krishna Nagar head office due to heavy work in connection with mailing
AIEEE admission forms. Her posts were received at Krishna Nagar office
on January 15, 2010 and were anyway taken to DSSS Board but they refused
to accept the same.
The
post offices on their part said it was the fault of the Board that it
refused to accept the applications and went on to claim protection under
section 6 of the Indian Post Office Act. The Board in turn said it
could not accept any application after the advertised date and time.
Accepting
the arguments, the District Forum held the post office not liable.
Consequently, no case of deficiency of service is made out, it said.
