POST MASTER VYAVSAY POST CENTRE SHIVAJI NAGAR PUNE Vs. BALAJI S/O KISHOR MORE
LAWS(NCD)-2012-7-91
NCDRC
Decided on July 19,2012

POST MASTER VYAVSAY POST CENTRE SHIVAJI NAGAR PUNE Appellant
VERSUS
BALAJI S/O KISHOR MORE Respondents

JUDGEMENT

VINAY KUMAR, J. - (1.) RP No.299 of 2012 is filed against the order of the Maharashtra State Consumer Disputes Redressal Commission in FA No.334 of 2011. RP No. 300 of 2012 has been filed against its order in FA No.333 of 2011. Both appeals have been dismissed by the State Commission, on the ground of limitation. Both Revision Petitions are filed by the Post Master, Shivaji Nagar, Pune. We have therefore, considered it appropriate to take up the two matters together for disposal through this common order.
(2.) IN this case the complaint had been partly allowed by District Consumer Forum Osmanabad. In the order passed on 11.2.2011, the District Forum had awarded the complainant a compensation of Rs.10,000/ - with cost of Rs.2000/ -, for inordinate delay in delivery of a letter. Appeal against this order was filed before the State Commission on 24.6.2011, with a delay of 53 days. On the explanation offered for this delay, the State Commission has observed that: - "Delay caused is shown of 53 days. It is stated in the application that certified copy of judgment and order dated 11.02.2011 is received on 02.03.2011. Thereafter matter was sent for legal opinion to Joint Secretary, Ministry of Law. After receipt of opinion on 27.04.2011 opinion was forwarded to Post Master General, Aurangabad. Opinion from Post Master General was received on 01.06.2011. Thereafter papers were handed over to Assistant Solicitor General of India, High Court Bench at Aurangabad."
(3.) THE State Commission came to a conclusion that the reason shown for the delay is just shuffling of papers from one office to another, which cannot be considered just or proper. The right accrued to one party cannot be taken away by the negligence of another party.;


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