Surjit Singh, President and Prem Chauhan, Member. Case: Saruchi Dhiman Vs Postmaster General Post Office. Himachal Pradesh State Consumer Disputes Redressal Commission
| Case Number | Surjit Singh, President and Prem Chauhan, Member |
| Counsel | For Appellant: Arun Kumar, Advocate and For Respondents: Vijay Arora, Advocate |
| Judges | Surjit Singh, President and Prem Chauhan, Member |
| Issue | Consumer Protection Act, 1986 - Section 12; Indian Post Office Act, 1898 - Section 6 |
| Judgement Date | May 09, 2014 |
| Court | Himachal Pradesh State Consumer Disputes Redressal Commission |
Order:
Surjit Singh, President
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Appellant has preferred this appeal against the order dated 13.12.2013, of learned District Consumer Disputes Redressal Forum, Shimla, whereby her complaint, under Section 12 of the Consumer Protection Act, 1986, which she filed against the respondents, has been dismissed, with the finding that in view of the provision of Section 6 of the Indian Post Offices Act, 1898, respondents are not liable to pay any damages for the loss of the papers, which the appellant sent to respondents No. 3 & 4 for taking her examination for admission to MBBS course. Appellant wanted to take entrance examination for admission to MBBS course conducted by respondents No. 3 & 4. She sent her application by speed post on 22.01.2010, from branch Post office, Khalini. Last date of receipt of the application was 05.02.2010. Appellant did not get any acknowledgement nor did she get the roll number for appearing in the examination, Tight upto the date of examination. She then made enquires with respondent No. 3. She was informed that her application for taking examination had not been received. She then approached the Sub Post Office, Khalini, who did not pay any heed to her query. Therefore, she filed a complaint, under Section 12 of the Consumer Protection Act, 1986, seeking a direction to respondents No. 1 and 2 to pay Rs. 45,000/- as compensation on account of coaching fee paid by her, Rs. 1,000/- on account of submission of admission fee, and Rs. 50,000/- as compensation for harassment and loss of one academic year, and Rs. 4,000/- as litigation expenses.
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Respondents No. 1 and 2 contested the complaint and pleaded that they were not liable to pay any compensation for mis-delivery or delay or loss of postal articles, in view of Section 6 of the Indian Post Offices Act, 1898. Learned District Forum, vide impugned order, has dismissed the complaint upholding the respondents' plea relying upon two precedents of the Hon'ble National Consumer Disputes Redressal Commission in Union of India v. Achintam Kilikdar, Revision Petition No. 1263 of 2005, decided on 26.08.2009 and S. Parameshwar v. Chief Post...
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