K.R.UDAYA BHANU, PRESIDENT - (1.)THE appellants are the opposite parties/postal authorities in CC.16/07 in the file of Thiruvananthapuram. The appellants are under orders to pay a sum of Rs.1500/ - as compensation and 1000/ - as cost with interest at 12% if the amount is not paid within one month.
(2.)THE case of the complainant is that he had sent the money order of Rs,1000/ - to his son Sreejesh. S.R Chandran who is working at Rajkot on 9.6.06 to meet his treatment expenses. He was affected by infective hepatitis and malaria. As the Money order was not received he had sold his gold Chain at a reduced rate for returning to Thiruvananthapuram. On 13.10.06 he was admitted at PRS hospital. After treatment he rejoined at Rajkot. The money order was received only on 28.10.2006 i.e., after a lapse of 53 days. The complainant had complained to the postal authorities on 12.9.2006 and 15.9.2006.
(3.)THE case of the opposite parties is that on receipt of complaint from the complainant enquiries was made at SPM, Veraval the post office at Rajkot and on 22.9.2006 it was informed that the money order was not received at the above post office and a duplicate money order was issued on .9.10.06. It is contended that as per Section 48(C) of the Post Offices Act the opposite parties have got absolute immunity.
The evidence adduced consisted the testimony of PW1; Exts.Pl to P12 and Dl to D8.