Insured article not delivered by post office vs consumer complaint
Querist :
Anonymous
(Querist) 05 October 2011
This query is : Resolved
R/Members LCI
I have been booked a insured article through post office which was not delivered to addressee, now i intend to file a consumer complaint,some one has stated me that as per post office act post office have some privilige and i cannot file consumer complaint,kindly advice,Thanx
Birbhan
prabhakar singh
(Expert) 05 October 2011
There are two different enactments in this regard which people are intermingling for no good reason in my view as both business goes in generally in one campus and popularly called 'post and telegraph '.
But enactments are distinctly two and not one:
1]THE INDIAN TELEGRAPH ACT, 1885.Due to a provision herein 7B which reads "7B. Arbitration of disputes (1) Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph authority and the person for whose benefit the line, appliance or apparatus is, or has been provided, the dispute shall be determined by arbitration and shall, for the purposes of such determination, be referred to an arbitrator appointed by the Central Government either specially for the determination of that dispute or generally for the determination of disputes under this section.
(2) The award of the arbitrator appointed under sub-section (1) shall be conclusive between the parties to the dispute and shall not be questioned in any court.]" in an consumer complain case apex court held,they are not subject to examination of consumer forums.
BUT I VIEW your mater will fall in another enactment known by name "THE INDIAN POST OFFICE ACT, 1898" and your facts would be governed by its section 33 which runs to read"33. Liability in respect of postal articles insured. - Subject to
such conditions and restrictions as the [Central Government] may, by
rule, prescribe [the Central Government] shall be liable to pay
compensation, not exceeding the amount for which a postal article has
been insured, to the sender thereof for the loss of the postal article or
its contents, or for any damage caused to it in course of transmission
by post:
Provided that the compensation so payable shall in no case
exceed the value of the article lost or the amount of the damage
caused."
HENCE IN MY VIEW YOU CAN FILE YOUR CASE IN CONSUMER FORUM WITHOUT DOUBT AS THIS ACT DOES NOT PROVIDE ANY ALTERNATIVE FORUM AS DOES THE FORMER.
ISSUE A NOTICE TO UNION OF INDIA AND POST OFFICE WHERE ARTICLES WERE BOOKED CLAIMING THE DAMAGES YOU WANT TO CLAIM AND IN CASE THEY DO NOT RESPONSE OR PAY HEED TO YOUR NOTICE FILE THEN FILE THE CLAIM IN FORUM.
ajay sethi
(Expert) 06 October 2011
agree with mr prabhakar singh
J K Agrawal
(Expert) 06 October 2011
Prabhakar Sir
Thanks for a good knowledge to all of us.
I want to raise a doubt.
The remedy in Consumer Court is additional to any other remedy.
If So, I want say that if one can file same case twice in consumer court as well as in Civil Court at a time, the same thing is application in case of arbitration. So i think even arbitration clause is there the jurisdiction of Consumer Court does not oust.
R.Ramachandran
(Expert) 06 October 2011
Rules and procedures of Post Office provide for such situations.
Please visit the following site
http://www.indiapost.gov.in/Insurance.html
where the Responsibility of the Post office is given in respect of lost insured article.
You can also see the position in the attached file.
prabhakar singh
(Expert) 06 October 2011
Agrawal saheb!
i entirely agree with you but unfortunately the judgement was pronounced in BSNL case by apex court,hence till it is modified,we can simply curse such a situation.To me the remedy under consumer protection Act is in addition to other remedies ,hence it is choice of consumer which jurisdiction he wants to invoke.
