Plea by Punjab Public Service Commission aspirant upheld
Upholding a judgment passed by the Punjab State Consumer Disputes
Redressal Commission, the National Consumer Disputes Redressal
Commission (NCDRC) said earlier this month that the post office
concerned in Mohali was required to compensate a Punjab Public Service
Commission aspirant after his application was not delivered on time.
The NCDRC also upheld the State commission’s order for compensation of ₹1 lakh to the aspirant.
“The citizen’s charter of India Post has declared the time for speed post within same circle as one or two days. Patiala, where the speed post was to be delivered, is just 70 km from Mohali. He [the complainant] came to know that the speed post was wrongly sent to Delhi,” read the order dated October 6.
In defence, the respondents contested the claim citing relevant sections from the Indian Post Office Act stating that “no officer shall incur any liability by reason of any such loss, misdelivery, delay or damage unless the same was caused fraudulently or by wilful act or default”.
Rejecting the claim, the District Consumer Disputes Redressal Forum in Mohali had in 2013 directed the post office to compensate the complainant by paying ₹50,000.
“Not delivering the speed post article to its addressee clearly constituted a wilful act of deficiency in service on their part,” the order had read.
The opposite parties contested the claim and appealed to the State commission. However, the State forum not only upheld the order but also increased the compensation amount to ₹1 lakh.
Upholding the same, the NCDRC said the postal service “cannot take shelter behind Section 6 of the Indian Postal Act to absolve of its responsibility by merely stating that the complainant should have kept track of the article on the postal website. There is a clear cut of deficiency of service on their part.”
The NCDRC also upheld the State commission’s order for compensation of ₹1 lakh to the aspirant.
Disqualified from exam
The aspirant had alleged that despite sending his application form for the examination on time the post office had failed to deliver it on time to the authorities concerned, which led to his disqualification from the examination.“The citizen’s charter of India Post has declared the time for speed post within same circle as one or two days. Patiala, where the speed post was to be delivered, is just 70 km from Mohali. He [the complainant] came to know that the speed post was wrongly sent to Delhi,” read the order dated October 6.
In defence, the respondents contested the claim citing relevant sections from the Indian Post Office Act stating that “no officer shall incur any liability by reason of any such loss, misdelivery, delay or damage unless the same was caused fraudulently or by wilful act or default”.
Rejecting the claim, the District Consumer Disputes Redressal Forum in Mohali had in 2013 directed the post office to compensate the complainant by paying ₹50,000.
“Not delivering the speed post article to its addressee clearly constituted a wilful act of deficiency in service on their part,” the order had read.
The opposite parties contested the claim and appealed to the State commission. However, the State forum not only upheld the order but also increased the compensation amount to ₹1 lakh.
Aspirant traumatised
“The complainant had prepared for the examination and had undergone trauma when his application was received late. In our view, ₹1 lakh will be adequate compensation,” read the State commission’s order.Upholding the same, the NCDRC said the postal service “cannot take shelter behind Section 6 of the Indian Postal Act to absolve of its responsibility by merely stating that the complainant should have kept track of the article on the postal website. There is a clear cut of deficiency of service on their part.”
Source : http://www.thehindu.com/
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