Relevant case laws !
DR. HEMANT KUMAR YADAV
(Querist) 05 February 2012
This query is : Resolved
Can someone help me in providing the provisions and relevant case laws, where this is mentioned that Speed Post must be delivered within 24-48 hours from the day of posting ??
Actually there are two cases of mine pending in District Consumer Forum. Both are the cases, where Indian Postal Department had delayed in delivering my SPEED POST. The single difference between the two cases is that one speed post was for inter-state delivery, which was delivered after 5 days from the posting date and the other one is for inter-district delivery, which was delivered after 22 days of posting date.
Now, the Chairman of DCDRF is asking for the provisions and relevant case laws, where this is mentioned that Speed Post must be delivered within 24-48 hours from the day of posting.
I have lost my golden chances to appear in Haryana Civil Services Examination, 2009 and Haryana Judicial Services Examination, 2010. I've taken the judicial coaching and has prepared well for that examinations, but all went in vein due to huge negligence of our country's Postal Department. I'm deeply frustrated from this incident.
PLEASE HELP ME IN THIS MATTER !!
Anirudh
(Expert) 05 February 2012
Please visit http://www.indiapost.gov.in/netscape/speedpost.html#Compensation
where it is provided as under:
Compensation to be paid in respect of Domestic Speed Post articles
For delay - Speed Post charges
For loss / total theft / total damage - Double of the Speed Post charges or INR. 1000 whichever is less.
to be paid in respect of International EMS articles
Compensation to be paid in respect of International EMS articles booked in Post Offices in India in case of loss / total theft / total damage are as under :-
For delay - Speed Post Charges
For loss / total theft / total damage - 30 SDR (1 SDR = INR 65.8222 for 2009)
V R SHROFF
(Expert) 05 February 2012
I know private courier services were directed by consumer forum to pay for delay in delivery.
As Post had it's own terms and conditions,you may be paid accordingly.
Devajyoti Barman
(Expert) 05 February 2012
I do not think the case has good merit if it has raised issue over the delay in sending the post with 1-2 days.
What is time taken to send the article in your case?
Kirti Kar Tripathi
(Expert) 05 February 2012
Anirudh is right. You can not claim compensation as prescribed by the postal department. However, you had an option to seek remedy by filing of writ petition to treat your application well in time, if you had posted application within the prescribed period and speed post was the mode of sending application form to the PSC.
prabhakar singh
(Expert) 05 February 2012
Unfortunately Remoteness in damages can not be awarded on presumption that you prepared well and had chance to clear the exam.
Post office would be treated your agent unless the commission has asked the applications by registered or speed post,hence in my opinion writ would not lie.
Since at the time of posting there is no specific agreement between you and post office that it contains such an application that if it is not delivered timely you shall bear such kind of loss hence only what ever is pre written term shall apply.
DR. HEMANT KUMAR YADAV
(Querist) 05 February 2012
OK. I just have one question that when I have paid for the services and the postal department has delayed in delivering my article and has not rendered the appropriate services, for which I have already paid.
WHAT WILL BE THE SOLUTION ?????
dev kapoor
(Expert) 06 February 2012
Well Mr.Hemant,How did you draw inference that your mail would be delivered to the addressee within 24-48 hours?
Perhaps I am not aware.
If there is some rules in the P&T Regulastions & your mail was not delivered during the assured period you may have a case but in that event you have to establish how did you suffer from not delivering the mail within the statutoryn period.
I was reading a case where one person sent some wedding cards to his relatives through Courier service but these cards could not be delivered even within as week when the wedding ceremonies came to an end & those relatives could not attend marriage rather they complained that complainant had not properly invited them Courier Service agency failed to prove why these cards were not delivered earlier.There are some other cases also where Consumer Fora granted damages.
See if your case matches with these fact or else 4get plz.
