India Post cannot be prosecuted for article loss;
National Commission
The National Consumer Dispute RedressalCOMMISSION
(NCDRC), India’s top consumer court, has reversed orders
by lower foras that had awarded damages in lieu of a registered post that was
lost in transit by India Post.
(NCDRC), India’s top consumer court, has reversed orders
by lower foras that had awarded damages in lieu of a registered post that was
lost in transit by India Post.
Presiding member Justice JM Malik set aside the orders of
district and Chhatisgarh state consumerCOMMISSION after holding that India Post cannot be seen as a
provider of commercial postal services, but as an arm of the government. As the
government cannot be hauled to consumer courts, so the postal department cannot
be made toPAY for misplacing registered posts, he ruled.
after holding that India Post cannot be seen as a
provider of commercial postal services, but as an arm of the government. As the
government cannot be hauled to consumer courts, so the postal department cannot
be made toPAY for misplacing registered posts, he ruled.
“Services rendered by the Post Office are merely
statutory and there is no contractual liability,” NCDRC said quoting an earlier
order of the commission.
Malik went on to point out that while courier companies
can be sought damages from if they lose packages and letters, the same rule is
not applicable for India Post as it was not a ‘commercial entity’.
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