24/09/2014- The reasons for delay in disposal of this appeal can be seen from the order sheet.
1. Nobody appears for the respondent inspite of fixing it for ex-parte hearing.
Heard Mr. C.K. Jha learned counsel appearing for the appellant on the point of limitation.
On being satisfied with the grounds, the delay of about two months, in filing this appeal is condoned.
2. The complainant filed this case claiming Rs. 1 lac as compensation etc. According to him he sent his application for the post of “Dresser” to O.P. No. 3 through speed post on 15.09.2010. The last date of receipt of the application was 20.09.2010 by 4 P.M., but it was delivered on the next day i.e. on 21.09.10 and therefore it was returned with the note ‘refused’.
3. The learned Forum held that the postal authorities were deficient in service and therefore they were directed to pay Rs. 4000/- as compensation and Rs. 2000/- as litigation cost to the complainant within 45 days, failing which they were to pay interest @ 9 % on the whole amount till the date of payment.
4. Mr. Jha submitted that the speed post was sent from Godda to Jammu, within which, there is no Air connectivity and therefore the letter was sent by train. He further submitted that as per the circular of the Postal Department, in such case four to six days time is taken, and in the present case, the Letter was delivered on 6th day. He also relied on judgments reported in I (2000)CPJ 28(NC) The Post Master Imphal Vrs. Dr. Jamini Devi Sagolband and the order dated 11.09.2013 passed in R.P. No. 4567 of 2011 by Hon’ble National Commission on the point that the claim in question cannot be allowed.
In view of the said judgements, we set aside the impugned judgment and allow this appeal.
The statutory amount be returned to the appellant within four weeks.
Issue free copy of this order to all concerned for information and needful.
Ranchi,
Dated:-24/09/2014