Refusing to accept and making payment for vp
k.g.agarwal
(Querist) 15 June 2012
This query is : Resolved
the post man brought one vp envelop at my residence in my name.
as i was not there he gave the same to my son.
who on opening the same found it is a fake
vp parcel having an railway application form
from chandigarh with vp value 380.
my son has not made the payment and returned
the open envelop.
the post man instited to make the payment but my son said he can not make payment for rs 2
form.and without opening how he will know what is inside in the envelop.
i have just received a call from post master either you make payment or other wise he will file FIR WITH TELLING LIES ALSO THAT MY SON HAD A PHYSICAL FIGHT
WITH POSTMAN WHICH IS A TRULY FALSE ALLEGATION.
MY QUESTION IS ON OPENING THE VP ENVELOP
AM I LIABLE TO MAKE PAYMENT FOR A ZERO VALUE ARTICLE INSIDE THE ENVELOP OR CAN RETURN THE SAME .IF POSTMASTER FILE FIR IN WHICH SECTION.
SAINATH DEVALLA
(Expert) 16 June 2012
Agarwalji,
VP itself is known as Value Payable Post.Once you have received it you are liable to pay the value of the post.Your son had to right to open the post without fullfilling the formalities of the postal dept.Fault lies with your son and not the postman.Your son should have refused accepting the post outrightly.Whether the value inside is zero or a million is immaterial.
Guest
(Expert) 16 June 2012
Dear Agarwal,
First of all, you or your son did not have any right to open the Postal article without giving proper receipt for the article.
2ndly, your son was neither authorised to receive, nor open the postal article on your behalf unless you would have duly authorised him to receive. Now, if he has opened the article without having acknowledged or caused to be delivered to you, he has committed an offence not only of tampering with the article, but also causing hinderance in discharge of duty by the public servant. So, just for destroying the article, he is liable to punishment for imprisonment extending up to 6 months or fine of up to Rs.500, or both under the provisions of Indian Post Office Act. Besides, he can also be sued by the Postal Authorities for causing hinderance in discharge of duties of a public servant.
3rdly, if you or your son had some doubt about the contents of the postal article, you could have asked the Postmaster for open delivery in the presence of the Postmaster of the P.O. Had the Postmaster been convinced about the negligible value of the article, he was fully authorised to hold back the payment of the amount of V.P. article to the sender till you could get the case settled with the sender.
In this case, since your son has taken the law in to his hands, irrespective of whether he had fought or not with the postman, police is bound to believe the statement of the postman, as your son unauthorisedly and illegally tampered with the article.
So, in the interest of your son's defence, you would need to compromise with the situation and pay the cost of the VP article to the Post Office. However, you still can represent in writing to the Postmaster to withhold payment by raising objection that the contents were of the value of only Rs.2 instead of Rs.380.
V R SHROFF
(Expert) 16 June 2012
File Complaint against the sender, and expose his mode of operation.
It is cheating.
But in no way, Post Dept are concerned or liable. u must pay to postman.
Investigation can reveal, and save other thousands that suffer and lost their hard earned money.
Shonee Kapoor
(Expert) 20 June 2012
You must pay the postman.
All your recourses are against the sender.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
