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Manoj Kumar Sahu (SE)     15 February 2011

Consumer Court or Civil Suit

Hi Experts,

I seek advice regarding taking an action for service provided by 'INDIA POST'. Sould I approach Consumer Forum or file a CIVIL Suit. Which one is faster and more effective as here i am not only going to ask for the compensation for the loss incured due to negligence but also would like to impose some procedure and guidelines to be set for their operations. Please advice.

Regards,

Manoj



Learning

 7 Replies

Gundlapallis (Advocate)     16 February 2011

Are you going to take action 'for service provided'?... when the service was provided then what for is your action? :)

Ok.. i will try to answer your doubts... which one is faster? Consumer forum is faster.   Effectivenes : Both are equally effective.  Either at Consumer Forum or in a Civil court you can only claim compensation for loss or damages suffered by you But cannot impose what ever you wanted to on INDIA POST through these courts.  If you have any such suggestions to INDIA POST.. write to Post Master General he may consider if yours is worthy enough.

Bharat Gandhi (Cordinator)     16 February 2011

Dear Manoj,

I think filing your case with Consumer Fourm ( court ) will be easier, faster and economical. If you have time and confident to argue before learned judges, you can represent your case. Once you decide to go ahead with consumer fourm. let me know by mail to <help-line1@hotmail.com> phone 022 6671 3838, I might be having some judgements copies in my library for similar case.

All the best.

  

Manoj Kumar Sahu (SE)     16 February 2011

Hi,

Thanks for the suggestion. So I will go for the Consumer Forum then. My case is: I have sent 2 consignments through Speed Post. Both are to the same addressee. One had been delivered completely damaged through the expected route. Other one is still not delivered; it is already 8 days by now. When i called the customer care they are not able to provide me answer for the where about of the consignment. As per their Grievance guidance I have submitted a complaint with the Post Master of the booking post office where I got  to know that I will get a reply in 15 days which is unacceptable for me when the issue is related to a premium service like Speed Post which commit to deliver in 2/3 days to the destination by taking considerable amount for the service. So should I wait for the reply or go ahead with registering a case with district consumer forum.

Also if you have any colleague here in Bangalore to whom I can approach for this will be more helpful.

Regards,

Manoj

Ayush (Advocate)     17 February 2011

This is a clear case for consumer Court. You should approach consumer court for your grievance. As said earlier, the consumer court has speedy trials so it would be better for you to go there. further I would like to add here that since you have filed complaint before the Post Master, i would suggest you to wait until the decision comes out because if you go to file the complaint, the court on the first date of hearing would consider and straight away ask about the resuld of the POst master query. Obviously, 15 days time is not justifed, there must be some authority superior to that of Post Master, you should approach him for speedy reply of your complaint. In case of failure of proper reply, you can approach the consumer court with the reply of the Post Master, you will be awarded compensation also for the loss you incurred during the process and the loss of your time will also be compensated.

Kumar Doab (FIN)     17 February 2011

The Post Offices book the speed post and the Head Post Office/GPO has office of Speed Post centre,

where the senior officer e.g  Area Manager is available.

You can lodge complaint with Post master and Area Manager and you can escalate to Top Most authority in the town, but do remember to obtain acknowledgment.

 

you should have packed the consignment properly to protect from damage.

You shouuld have the proof/evidence that it was supplied in damage condition.

For your business interest ask your future clients to record the damage/pilferage on POD, or reject due to reasons.........as it may be.

Declare proper value of the stocks and if possible attatch bill...

You can go for online complaint at

www.indiapost.gov.in

and study the page : guidelines for complaints.


(Guest)

 

 

 

Indian Postal Rules, Rule-72-Registered letter, parcel etc not being insured and sender not declaring contents thereof at the time of it’s registration- No compensation can be awarded in it’s loss- in any case if such letter/parcel is insured the amount shall in no case exceed the value of contents of article insured- SCDRC-UAD-2009(2)-282.

 

SEC-2(g)(o)- Complainant had sent on 25-11-2002 an application for job of his son by speed post-on reaching on 30-11-2002 he was informed that his application was not received- consequently he could not be interviewed and could not get employment- District forum directed to postal deportment to pay30 postal charges and7000/- as compensation and1500/- as cost of litigation- On appeal by postal department, in view of exemption from liability from loss, delay etc of postal article in course of transmission as envisaged under Section 6 of Post Office Act- Appeal partly allowed modifying order as complainant was allowed For30/- postal charges and1000/- as litigation expenses- SCDRC-UAD-2009(2)-74.

 

Sec-6 Indian post office act- exemption from liability- registered letter with demand draft not delivered to addressee- Forum directed to OP to pay amount of bank draft with interest- order set aside in appeal -hence revision- Willful act or default on part of department not alleged- exemption under Sec 6 available- Postal department/ it’s employee can not be held liable for misdelivery of registered letter- NC-CLJ-2009-Mar-201.

 

Liability of postal department for loss misdelivery or delay in delivery of postal articles- Govt. is exempted from such liability as also the post department- such liability can be incurred if such misdelivery or delay in delivery or damages to articles entrusted to postal department for transmission if it’s officer has caused the same fraudulently or by his willful act or default as provided by Sec-6 of Post Office Act- Liability limited to postal charges- SCDRC-UAD-2009(2)-282.

 

Will full delay in delivery of speed post on the part of postman- Entitled to claim-protection of Sec-6 of Post Office Act not available- SCDRC- UAD-2009(2)-361.

 

 


(Guest)

yes i also agree with the members and you can file a complaint to consumer for the deficiency in the services and it is also faster for decision


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