Lost the articel during trasction by the postal authority
varinder
(Querist) 06 April 2014
This query is : Resolved
this is brought to your kind information that i had purcahse some item cost Rs 5555.80ps and same been paid to them through credit card inquestion to that they had sent the said item through registred post from china and same been lost by the postal authority at Ambala cantt india inquestion to that i had lodge a complaint before the consumer protection act against sr post master Ambala to pay compassion and the cost of the article inquestion to that they had reply that they are not consumer and the postal aiuhtority as per their act will not pay any compassion under section 6 of the indian post officer act 1898 kindly let me know their is any authority which the honorable high court/ apex court had over ruled do provide me and guide me what to do in this csae
Devajyoti Barman
(Expert) 06 April 2014
Yes, you can not claim any compensation from postal authority.
ajay sethi
(Expert) 06 April 2014
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
www.indiapost.gov.in/SpeedPost.aspx
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)
ajay sethi
(Expert) 06 April 2014
website of india post provides for payment of compensation
Guest
(Expert) 06 April 2014
Section 33 of the Indian Post Office Act 1898 provides for compensation for loss of INSURED postal articles, BUT NOT for ordinary registered articles. That too to be claimed only by the sender of the articles booked through Indian Post Office.
However, you may like to read the article written by Advocate Rosy Kumar about the fate of lot articles and consumer cases at the following link for some more information.
http://indiatoday.intoday.in/story/Suing+postal+services+for+loss+is+of+little+use/1/95705.html
BUT, your case does not call for any claim of compensation directly from the postal authorities, as you are not the sender of the article. Moreover, the article originated from China, as booked by some Chinese sender. Only Chinese sender of the article can claim compensation from or through Chinese postal authorities.
Your transaction is with the chinese vendor for which you can claim the article or return of money from whom you bought the article. Naturally, you did not make any transaction directly with the postal authorities of India.
So, on that count also, there was nothing wrong if your claim was rejected by the consumer forum.
Sourav Das
(Expert) 07 April 2014
you can file suit for damages.
Guest
(Expert) 07 April 2014
Nr. Saurav,
Are you sure that Mr. Varinder would be able to win the case, as a third party, when neither he is the cutomer of the Indian Postal Department, nor representative of the Chinese Postal System from where the article originated, nor he received any damaged article through the Post Office in India. As an international arrangement of global postal services, the Indian Post Office was to act merely as a delivery agent of the Chinese postal system.
As an advocate of Supreme Court, can you please throw some light, on what ground Mr. Varinder should file a suit for damages? This would not only help the querist to tow some definite line of action, but also would help me to enhance my own knowledge, if your advice is correct.
T. Kalaiselvan, Advocate
(Expert) 08 April 2014
Expert Mr. Dhingra's questions need to be answered by learned advocate Mr. Sourav Das. I don't think the author has got any valid claim over the property if at all he chooses to sue the postal department either through civil court or through consumer forum.
