P. RANGANATHAN (FORMERLY ADVISOR TO GOVT OF OMAN) 07 May 2011

DELAY IN DELIVERING SPEED POST

A SPEED POST IS DELIVERED LATE- 13 DAYS TO THE USA- AND THE DEPT CLAIMS THAT IT IS NOT RESPONSIBLE FOR THE DELAY AS IT WAS HELD UP IN NEW YORK CUSTOMS! WHAT IS THE REMEDY. KINDLY CONTRIBUTE YOUR ADVICE.

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7 Replies

(Guest)

Delay is possible insome situation like earthquake,heavy rain ...act of god etc.You have to read their rules in which there is some timelimit exception given .Otherwise reason you have a recource to file consumer case but i dont think its an effective remedy particular in your case .

And not to forget to read this link:

https://psomani.lawyersclubindia.com/experts/DELAY-IN-POSTAL-SERVICE--185141.asp

https://www.lawyersclubindia.com/forum/Consumer-Court-or-Civil-Suit-31978.asp

(Guest)

Posted by senior advocate arvind:

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.

Raja (XYZ) 07 May 2011

completely agree

Bhartiya No. 1 (Nationalist) 08 May 2011

Evenspeed post are not delivered after passing of 7 months

kiran (student) 19 August 2011

i have booked the speedpost with acknowledgement due (POD). but, the postal dept. has lost my POD ack. card .

and after i filing complaint in website and post office they sent a letter with some delivery slip showing your article is deliverd properly.

IT IS CLEAR THAT THEY HAVE LOST ACTUAL ACK> CARD GIVEN BY ME AT BOOKING OF SPEED POST ARTICLE WHICH SHOULD DELIVER TO ME AS PROOF. BUT IT IS NOT DONE.
MOREOVER I HAVE SPENT A TIME FOR AGAIN COMPLAINING AND GETTING TO KNOW ABOUT THE DELIVERY STATUS AT MY COST> IS THIS AMOUNT TO SERVICE DEFICIENCY?
CAN I FIILE A CASE IN CONSUMER FORUM FOR THIS FAULT OF PO?????

Mamachan Daniel (Nil) 06 December 2011

Sir, my son had applied for M.Tech in IIT Varanasi from Kerala. Though the letter was sent through speed post on 05.5.11, the same was delivered only on 12.5.11. As it received late, IIT Varanasi returned it to me, causing great mental agony for him and to us. Now on the basis of my complaint, Post Master General, Allahabad, replied to me a few days ago that ‘The Addressee Shri Ram Prasad S.A. Allahabad RMS “A” was found responsible for non opening the said bag on same day, but he did not do so intentionally, delay occurred due to heavy receipt of mail.” (They also say that they received it on 7.5.11 but did not open the bag due to heavy receipt of mail like CTET Delhi. The bag was opened on 10.5.11 and Varanasi received it on 11.5.2011)

Can I go to consumer forum? How much compensation I can demand? Also which are the postal offices to be involved in the case? The Booking centre and Allhabad post office only, or Post Master of my district also?

I would request for your immediate reply.