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2004 DIGILAW 41 (UTT)

Postal Department v. Khilapi Lal

2004-04-22

K.D.SHAHI, LUXMI SINGH, SURENDRA KUMAR

body2004
JUDGMENT This is an appeal against the order dated 24.11.2003 passed by the District Forum. Tehri, Garhwal whereby the complaint of the complainant was allowed for payment of Rs. 5,000/- (Rupees Five Thousand) as compensation. 2. The brief facts of the case are that the complainant has sent two money orders on 16.08.1995 and 04.09.1995 of Rs. 300/- and Rs. 300/-. The money, orders were not delivered to the addresses. When the complainant made the complaint, after inquiry his amount was paid to the right addressee on 09.09.2003. Money orders sent in 1995 would be dispersed in 2003. This is definitely deficiency in service of the appellant. There is also deficiency in service of the appellant if it is said that the money orders were sent to Smt. Vimal Devi and they were given to another Vimal Devi of the same name. The Department should verify the identity of addressee and then alone should pay the amount. If it has paid the amount to a person, who has not been addressed, although the name may be similar, there is definitely deficiency in service. 3. However amount has been paid but Learned Forum has .allowed compensation of Rs. 5,000/- (Rupees Five Thousand). The money orders were of only Rs. 600/- (Rupees Six Hundred), compensation of Rs. 5,000/- (Rupees Five Thousand) is definitely on the higher side. Compensation must commensurate to the actUal loss suffered by the complainant. Had the complainant deposited this money in some bank, he would have earned interest on it and in our view interest @6% shall be adequate compensation. Therefore we are inclined to modify the order of compensation and hereby direct that the complainant shall gel interest @ 6% p.a. from the date of money orders till the actual date of payment. The appellant should immediately pay it. ORDER The appeal 'is hereby partly allowed and partly dismissed and the order under appeal is hereby modified to the extent that the order of compensation of Rs. 5,000/- (Rupees Five Thousand Only) is hereby quashed. However, the appellant shall pay interest @ 6% p.a. on the amount of two money orders from the date of their issue till the date of actual payment to the complainant or his addressee. Cost of the appeal shall be easy.