Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla
..... case has filed affidavit of shri nirmal singh, senior superintendent of post offices, hamirpur and placed reliance upon annexures r.1 to r.iii, which are copy of an extract of section 6 of the indian post office act, 1898; copy of registered letter which was sent to the officer-in-charge, admission cell, deans office, armed forces medical college, pune; and copy of letter dated 9.11.2004 addressed to the senior superintendent of post offices, hamirpur division, hamirpur by the superintendent of post offices, rampur bushahr division, rampur bushahr. 1. we have heard ..... . moreover, when this letter was received back by the sender then it was not received under protest and as per him postal authorities are also protected under section 6 of the indian post offices act, 1898 since no liability can be fastened upon them under section-6 relating to loss, delay and mis-delivery of the postal articles ..... this complaint was resisted by the opposite parties who had raised preliminary objections regarding maintainability of the complaint under section 6 of the indian post offices act, 1898 and status of the complainant as a consumer. 4. ..... . even the postal authorities are protected under section 6 of the indian post offices act, 1898, which is extracted hereinbelow:- 6 .....
Tag this Judgment!Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla
..... against the order dated 13.12.2013, of learned district consumer disputes redressal forum, shimla, whereby her complaint, under section 12 of the consumer protection act, 1986, which she filed against the respondents, has been dismissed, with the finding that in view of the provision of section 6 of the indian post offices act, 1898, respondents are not liable to pay any damages for the loss of the papers, which the appellant sent to respondents no.3 and 4 for taking ..... dharamveer harijan, decided on 11.09.2013, has held that section 6 of the indian post offices act, 1898, protects the postal department and its functionaries against claim for damages for loss or delay in delivery of postal articles, unless there is allegation that the alleged act of deficiency was committed fraudulently or by some wilful act or default, on the part of any particular functionary of the postal department. ..... no.1 and 2 contested the complaint and pleaded that they were not liable to pay any compensation for mis-delivery or delay or loss of postal articles, in view of section 6 of the indian post offices act, 1898. ..... she then approached the sub post office, khalini, who did not pay any heed to her ..... her application by speed post on 22.01.2010, from branch post office, khalini. ..... , first appeal no.412 of 2013, decided on 25.04.2014, relying upon a latest precedent of the honble national consumer disputes redressal commission in revision petition no.4567 of 2012, titled senior superintendent of post offices vs. .....
Tag this Judgment!Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla
..... it is submitted by learned counsel representing the appellants that in view of provisions of section 48(c) of the indian post office act, 1898, appellants enjoy immunity against legal proceedings on account of any accidental neglect, omission or mistake in the payment of any money order or refusal or delay in ..... in the present case, allegation of fraud or willful act or default having not been made, cloak of protection provided by section 48(c) of the indian post office act, which is in pari materia with section 6 of the indian post office act, the distinction being only to the effect that while section 6 provides immunity in case of loss or delay in delivery of postal article, section 48(c) deals with delay or refusal in payment of money order, is available ..... , i (2000) cpj 28 (nc) has held that immunity provided in section 6 of the indian post office act is absolute insofar as the government is concerned and that it is partial in respect of the officers of the postal department and immunity is lifted only when allegation of fraud or willful act or default is there. ..... oral: this appeal by the superintendent of post offices solan and postmaster, post office sarahan is directed against the order dated 05.05.2010 of learned district consumer disputes redressal forum, sirmour at nahan, whereby the complaint, filed under section 12 of the consumer protection act, 1986, by the respondent-ram nath seeking award of compensation for mis-disbursement of money sent through money order .....
Tag this Judgment!Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla
..... though plea that the appellants are exempt from liability, by virtue of section 6 of indian post office act, 1898, has been taken in the reply to the complaint, yet in view of the peculiar facts and circumstances of the case, the aforesaid provision of law, would not come to the rescue of the ..... was stated that the complaint was barred, under section 6 of the indian post office act, 1898. 4. ..... 6 says that government shall not incur any liability by reason of the loss, mis-delivery or delay of, or damage to, any postal article in the course of transmission by post, except insofar as such liability may in express terms be undertaken by the government and no officer of the post office shall incur any liability by reason of any such loss, mis-delivery, delay or damage, unless he has caused the same fraudulently or by his wilful act or default. 7. ..... has further pleaded and sworn in his affidavit, submitted by way of evidence, that when he went to the post office at nerchowk, he saw that parcel was tampered with and the box was empty. ..... sky shop limited, thane, mumbai, with head post postmaster, post office nerchowk (appellant no.2) and that the parcel contained, thirteen articles, valuing rs.42,470 ..... it was stated that when the complainant went to post office to collect parcel, it was found that the same had been tampered ..... he alleged that on 14.09.2012, he received a telephonic call from post office, nerchowk that the assignee, had refused to accept the parcel and he should collect the .....
Tag this Judgment!Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla
..... counsel representing the appellants places reliance upon a latest precedent of the honble national consumer disputes redressal commission in support of his submission that section 6 of the post office act, 1898 saves the postal authorities and its functionaries from liability for damages, unless it is pleaded that there was wilful negligence, default or fraud on the part of ..... complaint was contested by the appellants and it was stated that in view of the provision of section 6 of the post office act, 1898, no compensation could be awarded against them and that at the most the respondent was entitled to the refund of money paid by him on account of postal charges and an additional amount of ..... on 15.04.1993, to hold in this case that section 6 of the post office act, 1898 protects the postal department and its functionaries, unless it is alleged that the alleged act of deficiency in service was committed fraudulently or some wilful act or default, on the part of any named functionary of the department. ..... appellants are aggrieved by the order 19.11.2013, of learned district consumer disputes redressal forum, mandi, whereby a complaint, under section 12 of the consumer protection act, 1986, filed against them, has been allowed and a direction given to them to pay a sum of rs.10,000/- by way of compensation, with interest at the rate of 9% per annum and ..... the complaint, rejecting the plea of the appellants that they are entitled to protection of section 6 of the indian post act, 1898. 5. .....
Tag this Judgment!Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla
..... , copy of letter, dated 17.12.2001 issued by the director transport, himachal pradesh, copy of receipt dated 24.5.2004 issued by dealing assistant of the office of motor licensing authority, palampur amounting to rs.200/- on account of fitness fee and copy of application for registration of vehicle (form-20). 7. ..... it was also pleaded that thereafter the complainant approached the office of motor licensing authority, baijnath for registration of the vehicle and the registration of the vehicle was denied by the motor licensing authority, baijnath on the ground that maruti versa cannot be registered as a private vehicle. ..... in this background, present complaint under section 12 of the consumer protection act, 1986 was filed for deficiency of service and unfair trade practice on the part of the opposite parties and compensation had also been claimed to the tune of rs.50,000/- alongwith cost amounting to rs.5,000/- was also ..... opposite party no.2 in support of its case has filed affidavit of shri s.ravi aiyar, company secretary and chief legal officer of maruti udyog ltd. 9. .....
Tag this Judgment!Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla
..... recorded in the presence of the parties and even no photographs were taken in the presence of the respondent and as such it is alleged that the local commissioner has not acted fairly and tried to help respondent no.1 which is apparent from the fact that statements of two witnesses, tek chand thakur and hardeep singh were recorded behind their back and ..... given by the assistant executive engineer to her and as per him the complainant thus falls within the ambit of definition of consumer under section 2 (1)(d) of the consumer protection act, 1986 being a beneficiary and this fact is also evident from the statement of account annexed by him with the reply to the objections to the report of the local commissioner ..... the complainant is beneficiary of electricity connection provided in shop no.2 of sheela bhawan, lihantoo building, near bus stand, sanjau, shimla, and is a consumer under the consumer protection act, 1986 and opposite party no.3 is the landlord of the premises where the complainant is running his business of ready-made garments for the last 8 years under the name and style of m/s ..... definition of a consumer and even he cannot be termed as a beneficiary and if the re-connection of the electricity is given to respondent no.1, then it may amount to legalise an illegal act which will amount to violation of section 126 of the indian electricity act, 2003. ..... 1 and 2 and thereafter the complainant visited the office of opposite party no.2 on 24.5.2011 and then he was apprised .....
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