Post Office, Couriers and You

The implication of this section is that a person cannot complain merely of deficiency in services to claim compensation. He,however, must prove that there was some fraudulent act or wilful default on the part of the post office. Since such an allegation can seldom be made and proved, no compensation can be claimed for negligence on the part of the post office.

There are only two exceptions to this. The first is in the case of insured articles, where the department undertakes a special liability in case of loss of articles. The second is in the case of articles sent by Speed Post, which the National Consumer Disputes Redressal Commission has held to be a special service where the post office undertakes to deliver the articles in a time-bound period in consideration of a substantial extra charge. Hence it has been held that the immunity provisions under Section 6 of the Indian Post Office Act cannot be invoked in respect of articles sent by Speed Post. Post Master, Station Kachiguda H.P.O. v/s G. Hanumantha Reddy 8211; Revision Petition No. 363/93.

It is unfortunate that these antiquated laws grant protection against inefficiencyand negligence. Such senseless laws require to be changed so as to bring some responsibility and accountability in the functioning of the postal department.

Couriers and You:
Due to heavy pressure of work with increasing trade, commerce, and industrialisation, the postal system was found to be wanting in efficiency. Courier services, therefore, started competing with the postal system, and today we find several courier companies mushrooming all over the city.

Except for the leading, large courier companies, most of them have no organised system of delivery. One courier collects the articles and sends them to another local courier for delivery. In any case, the question is what are the remedies available in case a courier loses a consignment.

All courier companies have certain standard terms and conditions printed on their receipt. The consignor is made to sign the courier receipt accepting these terms and conditions governing the contract of carriage of the consignment. One of the standardclauses is the limitation of liability in respect of failure to deliver the consignment or loss or damage to the consignment. In such cases, the National Commission has held that the consignor can claim compensation because of the breach of contract.

However, as regards to actual loss caused due to the loss or damage to the consignment, the Supreme Court, in the case of Bharati Knitting Company v/s DHL Worldwide Express Courier Division of Air freight Ltd., has held that the consignor cannot claim this amount except to the extent of the limited liability stipulated in the consignment note.

Conclusion:
Whether it is the post office or the courier, a consumer8217;s rights are extremely limited. The Supreme Court8217;s judgement, though technically correct, has wide ramifications. Let us assume that in every sphere of life the service provider would make a person sign a one-sided contract, which the consumer has no option but to sign if he wants to avail the services.

But with a clause to limit theliability in every such contract, the Consumer Protection Act is rendered useless. For instance, what would happen if a doctor made his patient and the legal heir sign a declaration that in the event of untoward incident, the liability would be limited to Rs 100?The legal position has to be reviewed so that each and every person is held responsible and accountable for his actions, and appropriate compensation is paid for deficiency in services.

8212; The author is a consumer activist and has won the Government of India8217;s National Youth Award for Consumer Protection