SUB POSTMASTER vs V.Ramakrishnan

THE appeal is against the order of the District Consumer Disputes Redressal Forum, Coimbatore in O.P. 102/91 dated 22.8.91. THE opposite parties are the appellants.

ONE Mr. N.B. Balan delivered one consignment of Shirly droppings to the Southern Railway at Tirupur Station to be transported to and delivery to M/s Akshat Cotton Company at Shalimar in West Bengal under Railway receipt No. 476879 dated 14.12.90. The complainant immediately sent the railway receipt to M/s. Akshat Cotton Company by registered post with acknowledgment due on 15.12.90 under a postal registration receipt No. 681 dated 15.12.90. The consignment reached the destination on 22.12.90, but the Railway receipt was received by the consignee only on 27.12.90 and hence the goods were taken delivery of on 28.12.90 after payment of demurrage of Rs. 3,152/-. It is to recover this demurrage amount, the complaint has been filed against the Postal Department, as the payment of demurrage was due to the delay in the Postal transit of the railway receipt. The opposite party denied that there was any delay and contended that the transit of the registered cover was done in due course.

The District Forum found that there was deficiency of service and directed the opposite parties to pay the demurrage amount of Rs. 3,152/- to the consignor and pay Rs. 400/- as costs. Aggrieved thereby the opposite parties have preferred this appeal.

THERE is no dispute that the railway receipt was dispatched by the consignor to the consignee by registered post with acknowledgment due on 15.12.90 and that it was received by the consignee only on 27.12.90. In the meanwhile the consignment had arrived at the destination on 22.12.90 itself but could be taken delivery of only on 28.12.90, on payment of demurrage of Rs. 3,152/-. It is also not in dispute that it ordinarily takes 5 to 6 days for registered cover to reach Shalimar from Tirupur, but in the instant case it has taken 12 days. No acceptable explanation is offered for this inordinate delay. It is said that the registered post from Tirupur to Shalimar in West Bengal has to go Cannanur and then to Madras and then to West Bengal is amusing. It has been repeatedly pointed out by the National Commission that delay in transit of postal covers amounts to deficiency of service and the Postal Department is therefore liable for the consequences arising there from. The District Forum has clearly analysed the evidence oral and documentary and has come to the correct conclusion that there was deficiency. We find no ground to interfere with the said finding. As the result of this deficiency the railway administration has levied demurrage of Rs. 3,152/-. This is the direct consequence of the delay in the transit of the railway receipt from Tirupur to Shalimar. The Forum below has rightly directed the opposite parties to refund the amount to the consignor.

IN the result the appeal fails and is dismissed but without costs. Appeal dismissed.