Satyam Fibres India P Ltd vs Indian Banko

THIS appeal is against an order of the Calcutta District Forum for awarding a compensation of Rs. 1000/ - against the appellant for delayed delivery of a letter. The letter containing an important photo was sent through speed post of the Post Office on 13.1.92 for despatch to Madras but the same was actually delivered on 16.1.92. The letter was posted at the Calcutta G.P.O. by the complainant at 1.30 p.m. According to the complainant the despatch of the letter in time was very important as it was purported to be used for a prospective match making with a groom who lived abroad and came to India for a brief halt. It has been alleged by the complainant that because of the very late delivery of the letter the bride to whom the photo was sent could not proceed with the matter and the marriage proposal was ultimately dissolved. The groom married elsewhere and left for U.S.A. within a week. This according to the complainant so much shocked his wife that she had to be treated for a long time. The District Forum was of the opinion that in this case there was delay in delivering the letter and considering the loss and mental agony caused by the delay awarded a compensation of Rs. 1000/ - along with the refund of Rs. 20/ - which has already been agreed to by the appellant.

THE point for determination is it the District Forum was correct in awarding the compensation in this case. DECISION

The learned lawyer for the appellant argues that considering the circumstances it cannot be said that there was actually any delay in delivering the letter. He submits that the letter was air -borne and due to delayed flight of the plane it was received by Madras on 14.1.92 at late hours and could not be delivered on the said date. The next day was a holiday and the letter was actually delivered on 16.1.92 morning. Thus according to the appellant the delay was within the possible limit.

THE learned lawyer for the respondent, however, submits that the packet containing the photo was actually delivered on 16.1.92 in the afternoon and not in the morning. The paper recording the time of delivery had not been produced by the appellant. However, on the basis of the submissions made by both the parties it is clear that the packet was delivered on 16.1.92, either in the morning or in the afternoon.

NOW , what is the permissible delay in the matter of delivery of a speed post ? The packet was posted at 1.30 p.m. on 13.1.92. Normally, even if there was delay in flight it was to reach Madras on the same day. Why, therefore, was it received at Madras in the late hours on 14.1.92 ? No evidence has been given that there was a cancellation of flight on 13.1.92. There is also no evidence why it did not reach Madras is the morning of 14.1.92. There is no evidence at what actual time it was received at Madras. Speed Post in Metropolitan cities are generally to be delivered within twenty four hours. In the booklet ''Speed Post, Calcutta, Customer Guide '' under the heading '' Service '' it has been announced as follows: ''Unlike the traditional mails, Speed Post offers a time bound and guaranteed service to the users. By linking all the available flights dynamically and by providing over -night hub -and -spoke network, the transmission schedule of your items is planned carefully. In the national network, speed post provides next day service to most centres; the remaining are delivered on the third day for want of flight connections. In the International network, standard of delivery varies between second day to fifth day, depending on the flight availability. The delivery standards are published in advance indicating each relation. With speed post, you can count on an efficient and reliable service, designed to fit your needs.''

WITH the above rosy picture the postal authorities want to emphasize that with available direct flight delivery is guranteed within twenty four hours. So the packet was normally to be delivered in this case on 14.1.92 even giving due allowance for an alleged late flight. No justification has been made here for not delivering the letter on 14.1.92. Are holiday, excepted in counting the 24 hours ? If so, why should a person be allured to pay thirty rupees instead of one rupee by preferring to send letters in Speed Post ? If arrangements are not made for delivery on holidays, it is not a speed post, but an ordinary post. Besides a general holiday, the delivery peon may himself be on personal holiday. Is the delay caused on such contingent grounds be condoned as permissible delay ?

WE regret to note that our sense of responsibility even in the sphere of contractual service in Govt. Sector has reached the lowest standard. In private sector also the standard of service in some courier services has come to the lowest level. Works are done in many spheres with extraordinary levity and the result is the harassment of the general public. We are, therefore, in agreement with the District Forum that there has been delay in delivering the packet in this case. The Forum has awarded a compensation of Rs. 1000/ -. Having due regard to the facts alleged in the petition of complaint we do not think that this awarding of compensation is unreasonable. In the result this appeal fails. The appeal is dismissed and the order of the Calcutta District Forum is affirmed. There will, however, be no order for costs in the appeal. Appeal dismissed.