“Consumer Protection Act is not in derogation of any other law for the being in force”
Superintendent of Post Office Rohtas, Sasaram & another v. Premnath Singh
State Commission vide its order dt.17.11.2023 upheld the order of the District Forum Sasaram and dismissed the Appeal.
Superintendent of Rohtas, Sasaram Post Office has filed an appeal before State Commission Consumer Dispute Redressal Commission Bihar, Patna for setting aside the order dt. 20.06.2019 passed by Consumer Dispute Redressal Forum Rohtas directing appellants to pay 50,000/- as Compensation and 10,000/- as litigation cost.
The son of the complainant had send an application through speed post on 22.06.2012 for admission along with Demand Draft of Rs. 5000/- in MSc Biotechnology at JNU Delhi for session 2012-2013.
It was expected to be delivered by 27.06.2012.
However, it reached destination by a delay of 19 days.
As such the son of the complainant could not get admission.
A legal notice dt.28.11.2012 was sent by the complainant but no reply was received.
Complainant filed complaint for deficiency in service on the part of the Postal Department as a result his son could not got admission at JNU and prayed for compensation for an amount of Rs. 3,00,000/-.
Notice was issued by the District Consumer Forum to the Postal Department.
Postal Department appeared and filed their written statement.
Submission of the Postal Department
Section 6 of the Indian Post Office Act provides immunity to the Postal Department from any liability for reason of any loss or delay, or damage or mis-delivery, to ostal article in the course of transmission by post except in cases where in express terms any liability is taken by the Central Government.
Complainant is not entitled for compensation & as per section 6 of the Indian Postal Act complainant is entitled for the double of the speed post charge or Rs.1000/- whichever is less in case of non-delivery or delay in delivery.
After hearing the parties District Forum granted Compensation for an amount of Rs.50,000/- and Rs.10,000/- as cost of litigation on account of deficiency in service on the part of Postal Department due to which the son of the complainant didn’t got admission at JNU.
Observation of the State Commission Bihar, Patna
The person who has sent the speed post is a consumer & e has paid charge for getting the services.
Consumer Protection Act provide remedies in addition to other remedy.
As such section 6 of Indian Postal Act is not applicable.
Consumer Protection Act is not in derogation of any other Law for the time being in force.
There is no error in the order passed by the District Forum Sasaram requiring interference of State Commission in Appeal.
Appeal is devoid of merit and as such dismissed.
