JUDGMENT : Asper S.K. Kulshrestha , J. (President ): - Thisappeal is directed against the order dated 11-11-2009 passed by the District Forum, Chhindwara in Case No. 101/2009. The appellant is a studentof BBA and in the session pertaining to2007-2008 he had received supplementary as he had not cleared all the papers.For the purpose for appearing in the supplementary examination, he had given anarticle (envelope) to the respondent-Courier Service on 1-12-2008 for delivery to the university on theexplicit assurance by the courier that within three days the mail will bedelivered. However, it was not so and by letter dated 30-12-2008 it was informed that since theapplication form was not delivered by the last date, i.e., 10-12-2008 , it had been rejected. It is in thiscontext that the applicant is claiming Rs . 77,000/-as compensation for having lost his one year. 2.Nothing has been brought on record by the respondent in justification of thedelay in delivery of the envelope to the university. What has been stated isthat if he wanted immediate delivery he should have paid Rs .100/- extra for the same. We have gone through the terms and conditions of theconsignment note of the courier- Flyking CourierService and we do not find any provision in the receipt for payment of extraamount for expeditious delivery. We are therefore, of the view that the defence taken that if Rs . 100/-had been paid for earlier dispatch and delivery, the envelope would havereached the university within time, is afterthought. No such provision appearsin the terms and conditions of the receipt. 3.Though the appellant perhaps lost a year being deprived from appearing in theexamination, the delay cannot be therefore, estimated with the compensationdemanded by the appellant. However, we feel that he should be compensated,though marginally. Accordingly, we allow this appeal and direct the respondentto pay Rs . 5000/- as compensation to the appellant.If the said sum is not paid within one months fromtoday, 12% interest would be chargeable till payment of the amount.