National Consumer Commission Directive To Department Of Post

The National Consumer Commission has directed the secretary, Department of Posts, Government of India to put in place a robust mechanism to ensure that instances of willful wrongdoings /  stealing of costly uninsured articles by any employee of the department of any person or in connivance with any employee does not happen. It has also directed internal systems to be put in place to take stern and timely action against wrongdoers so that the public has confidence in the citizen centric work it does. The commission also directed the postal department to ensure that citizens using postal facilities are better aware of the postal department not being liable for uninsured costly items they sent.

It directed a series of steps for citizens to be aware of the provisions of the Act, rules and regulations through putting up notice boards in English, Hindi and local language, using print and social media and giving internal instructions to staff so that citizens at counter are informed before they book articles and if they take conscious decision of sending costly articles uninsured. While does so, the commission said that while there is no doubt that "ignorance of law is no excuse" it added that "in a welfare state, it becomes the duty of a government department like postal department to do wide publicity for regular periodic dissemination of information relating to important provisions of Act/Rules/Regulations etc. which affect the life of lakhs of citizens on daily basis."

Commission hears Revised Petition

The commission was hearing a revision petition of the Post Department which had challenged the state and district commission orders directing it to pay for the mobile that was sent by speed post but never got delivered. Both district and state had asked the Postal department to pay for the mobile price and gave compensation towards mental agony and litigation cost. The National Commission set aside the orders of the district and state commission and dismissed the complaint. However, "taking a sympathetic view," commission said which should not to be quoted as "precedent", it said that if any amount has already been paid in pursuance to orders of Himachal Pradesh State or District Commission, the same shall not be recovered for complainant to cover his miscellaneous costs of contesting the case at different foras.

Compensate stolen mobile phone

The order dated June 28 was passed on a petition filed by Superintendent of Post Offices and another against Sachin Kumar, the complainant. It was passed by Dr. Inderjit Singh, presiding officer, National Consumer Disputes Redressal Commission. Kumar had filed a complaint when a mobile he sent from Himachal Pradesh did not reach his sister in New Delhi. The cost of the mobile was ₹9,499 and someone had stolen it from the packet. District commission had directed the postal department to give the cost of the mobile along with nine percent interest from date of filing,₹ 5,000 for mental agony and ₹3,000 as litigation charges.

The postal department cited Sections of the Act that exempts it from liabilities for loss, misdelivery, delay or damages. It also stated that under the rules, compensation for loss of article/letter is double the speed post charges and that costly items if booked through speed post, need to be insured if claims of value of goods lost in transit have to be made. The National commission agreed to the legal point but stid that for the benefit of the public at large, legal provisions of rules and rights of people who book such uninsured articles and liabilities of the department in case of losses needed to be known. The commission said that the Post department agreed during oral hearing that perhaps no such instructions are displayed at Post Offices.

"Much of this has been going on for a while. It is wrong for the government to have one law for private couriers and another government. If a private courier loses it, they are expected to pay compensation while the government enjoys immunity. Unless insured, one does not declare what the item is and its price. In such a scenario, how does one know what is inside and anyone can claim anything. The process should be simpler and a declaration form should accompany each parcel along with choice if a person wants it insured or non-insured," said Jehangir Gai, Mumbai based consumer activist.