Rs 1.2 lakh penalty on postal department for losing customer’s Pashmina shawls parcel
NEW DELHI: The District Consumer Disputes Redressal Commission, Baramulla, has held the postal authorities liable for failing to deliver a parcel containing three Pashmina shawls worth Rs 60,000 and ruled that the loss amounted to deficiency in service.The commission has directed the postal authorities to pay a total compensation of Rs 1,20,000 to the complainant.What was the disputeThe complaint was filed by Mehvish Ashraf, owner of M/S Olive Couture, who had booked a parcel through the postal department for delivery to a customer. The parcel contained three Pashmina shawls worth Rs 60,000 but it never reached the recipient and was later reported missing during the transit.The complainant approached postal authorities several times seeking either recovery of the parcel or compensation for the loss, but no effective relief was provided, which forced her to approach the consumer commission.However, the postal department argued that it could not be held responsible because the contents and value of the parcel were not properly declared and the shipment was not insured.It further relied on Section 6 of the Indian Post Office Act, 1898, claiming immunity from liability — a provision which “provides that the Post Office is exempted from liability for any loss, misdelivery, or damage of any postal article in the course of transmission by post.”What did the commission ruleRejecting the postal department’s argument, the commission relied on a precedent set by the National Consumer Disputes Redressal Commission in Department of Posts vs. Raja Prameelamma, which held that “in respect of paid postal services such as Speed Post, failure to deliver entrusted articles constitutes deficiency in service where the Postal Department was held liable for compensation.”The Commission also noted that postal records themselves confirmed the loss, observing that communication from the Senior Superintendent of Posts, Jammu clearly reflected “item not received/item lost.”It further noted that the postal receipt placed on record showed the weight of the parcel as 10,510 grams, which it held “substantiates that the parcel was containing three pashmina shawls,” adding that the opposite party “were under a bounden duty to take every care with diligence and ensure delivery of the parcel in question to the consignee.”The Commission concluded that “the loss of the parcel undoubtedly amounts to deficiency in service on the part of the opposite party” and directed the postal authorities to pay Rs 60,000 towards the value of the lost shawls, Rs 50,000 as compensation for mental agony and harassment, and Rs 10,000 towards litigation expenses. The total award of Rs 1,20,000 was ordered to be paid within 30 days, “failing which the entire awarded amount shall carry interest at the rate of 6 per cent per annum.“
