MANOHAR LAL vs Govt. of India and Ors.

THIS revision petition has been filed by the petitioner against order dated 6.8.2014 passed by State Commission in FA No. 358 of 2014 -Manohar Lal v. Govt. of India & Anr.; by which while dismissing appeal, order of District Forum dismissing complaint was upheld. Brief facts of the case are that complainant/petitioner sent postal Articles No. 1351 and 0721 by registered post through Opposite Party No. 2/respondent No. 2 but opposite party has not returned A.D. (acknowledgement due) in spite of repeated requests. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that postal authorities are not liable for loss, mis -delivery, delay or damage to any postal articles and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint. Appeal filed by complainant was dismissed by learned State Commission vide impugned order against which this revision petition has been filed.

HEARD petitioner in person and perused record. Petitioner submitted that he has not received back A.D. of the registered postal articles even then learned District Forum committed error in dismissing complaint and learned State Commission further committed error in dismissing appeal, hence, revision petition be admitted.

Perusal of record reveals that only deficiency on the part of opposite party has been alleged regarding non -receipt of A.D. Learned District Forum rightly observed that no record is maintained by Postal Deptt. for ordinary post articles, letters, etc. A.D. is not to be returned by recorded delivery and in such circumstances, Learned District Forum rightly observed that neither delivery nor non -delivery of A.D. can be proved by any of the parties and rightly dismissed complaint. Learned State Commission rightly dismissed appeal on the ground that no record is required to be maintained by postal authorities for delivery of acknowledgement. I do not find any illegality, irregularity or jurisdictional error in the impugned order and revision petition is liable to be dismissed at admission stage. Consequently, revision petition filed by the petitioner is dismissed at admission stage with no order as to costs.