Legal Question in Consumer Law in India

Dear Sir/Madam,

I am 49 yrs. old Electrical Professional.

The Article sent through Speed post of Indian Postal Dept. was missed/looted at postal dept. office itself. As a compensation the Sr. Superintendent of Post has come forward to pay the double the amount of stamp charges paid as per postal rules. The Article worth able Rs3,900. You are all very much aware, this is unfair as per Consumer Protection Law-1986.

This is because of the Indian Postal Act 1898 Chapter-II sec.6 which is providing exemption from liability for loss, misdelivery, delay or damage as below;

"The [Government] shall not incur any liability by reason of

the loss, misdelivery or delay of, or damage to, any postal article in

course of transmission by post, except in so far as such liability may inexpress terms be undertaken by the Central Government as

hereinafter provided; and no officer of the Post Office shall incur any

liability by reason of any such loss, misdelivery, delay or damage,

unless he has caused the same fraudulently or by his willful act or

default."

Since the Speed Post article has missed in Postal custody, can above law provide immunity for the officer/staff under fault? Can compensation for the article and metal agony be claimed through any one the court of law?

Please answer at earliest .

Thanks and regards

M.R.Sahayanathan,

11, main Road,

Mandurai-621703,

Trichy, Tamil Nadu .


Asked on 6/27/14, 9:01 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

28.06.2014

Dear M R Sahayanathan,

Yes, the law clearly provides immunity to the Postal Department. If you still have the will and the time to fight, you can sue the Postal authorities for the claiming the loss and compensation.

Regards,

Read more
Answered on 6/28/14, 5:54 am


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