LAWS(NCD)-1996-7-10

POSTMASTER MANNANCHERY Vs. D PRATHAPAN

Decided On July 09, 1996
POSTMASTER MANNANCHERY Appellant
V/S
D PRATHAPAN Respondents

JUDGEMENT

(1.) The Post Master, Mannancherry P. O. , Alappuzah, the opposite party in O. P. No.50/95 of the Consumer Disputes Redressal Forum, Alappuzha is the appellant. The appeal is against the order of the District Forum dated, 24.8.95 allowing a com pensation of Rs.1000/- and cost of Rs.250/- against the appellant.

(2.) The complainant's case is that he applied for a job as circulation agent in response to which he was invited for an interview on 17.1.95 at 12.30 p. m. The letter reached the Mannancherry Post Office on 13.1.95. But it was delivered to him only on 17.1.95 at 3.15 p. m. because of which he could not attend the interview and consequently lost a fair chance of obtaining a job. He is an unemployed educated youth. But for the deficiency and negligence on the part of the Postal Department it would have been possible for him to earn a living. He approached the District Forum claiming compensation.

(3.) The opposite party appeared and filed version admitting the receipt of the letter in the post office on 13.1.95. The postman could not deliver it on that day due to pressure of work. He went on leave from 14.1.95 to 16.1.95 and an outsider worked as his substitute. The outsider could not deliver the letter due to his inexperience. When the regular postman rejoined duty on 17.1.95 there were a lot of letters in deposit pending delivery. With the help of the outsider the postman delivered all the letters including the one addressed to the complainant. On receipt of the complaint from him enquiry was made and the Postman was transferred and further disciplinary action was taken against the erring postman. It was also contended in the version that the Postal Authorities have complete protection under Sec.6 of the Post Office Act, 1898. Under that section they have immunity from any claims.