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.
Source : The Hindu
