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Madhya Pradesh High Court · body

2008 DIGILAW 1218 (MP)

Pravar Adheekshak, Post Office v. Harimohan Lowanshi

2008-10-15

NEERJA SINGH, PRAMILA S.KUMAR, S.K.KULSHRESTHA

body2008
JUDGMENT : Heard finally. Thisappeal has been filed on being aggrieved by the order dated 12-5-2008 of theDistrict Consumer Forum, Hoshangabad in ComplaintCase No. 74/2007 whereby the District Forum for wrong delivery of a registeredpost has awarded Rs . 2,000/- as compensation and Rs . 1000/- as costs. 2.Learned Counsel for the appellant has at the outset, invited our attention toSection 6 of the Indian Post Office Act, 1898 which accorded exemption,according to the learned Counsel, from the liability for misdelivery ,delay or damage of a postal article. For better understanding of the argumentof the learned Counsel the said provision is reproduced hereinafter:- Exemptionfrom liability for loss, misdelivery , delay ordamage.- TheGovernment shall not incur any liability by reason of the loss, misdelivery or delay of, or damage to, any postal articlein course of transmission by post, except in so far as such liability may inexpress terms be undertaken by the Central Government as hereinafter providedand no officer of the Post Office shall incur any liability by reason of anysuch loss, misdelivery , delay or damage, unless hehas caused the same fraudulently or by his willful act or default. 3.A bare perusal of Section 6 clearly shows that if liability in express terms isundertaken by the Central Government as provided therein, the exemption, tothat extent, stands obviated. Postal article has been defined under Section 2 ( i ) of the Act and reads as under:- 2.( i ) The expression"postal article" includes a letter, postcard, news-paper, book,pattern or sample packet, parcel and every article or thing transmissible bypost. 4.It is manifest from the definition of the "postal article" that itincludes letter, postcard, newspaper, book, pattern or sample packet, parceland every article or thing transmissible by post but does not in teims excludes registered letters whether acknowledgmentdue or not. Learned Counsel for appellant has placed reliance on a judgment ofNational Consumer Disputes Redressal Commission inPost Master, Imphal Vs . Jamlni Devi Sagolband ,2000 NCJ 142 where a registered letter was lost in transit but liability of theGovernment was limited under Section 6 of the Post Office Act. There is nodispute with the law laid down by the National Commission, but the very factthat the registered envelope is not included in the definition of the postalarticle, it gets excluded from Section 6 from exemption from the liability. There is nodispute with the law laid down by the National Commission, but the very factthat the registered envelope is not included in the definition of the postalarticle, it gets excluded from Section 6 from exemption from the liability. Weare of the view that in a situation as obtaining in the present case it ismanifest, the post office cannot claim exemption under the specious plea underSection 6. We, thus, do not find any merit or substance in the appeal. It isdismissed.