Immunity for postal staff from missing of speed post article
Dear Sir/Madam,
I am 49 yrs. old Electrical Professional.
The Article sent through Speed post of Indian Postal Dept. was missed/looted at postal dept. office itself. As a compensation the Sr. Superintendent of Post has come forward to pay the double the amount of stamp charges paid as per postal rules. The Article worth able Rs3,900. You are all very much aware, this is unfair as per Consumer Protection Law-1986.
This is because of the Indian Postal Act 1898 Chapter-II sec.6 which is providing exemption from liability for loss, misdelivery, delay or damage as below;
"The [Government] shall not incur any liability by reason of
the loss, misdelivery or delay of, or damage to, any postal article in
course of transmission by post, except in so far as such liability may inexpress terms be undertaken by the Central Government as
hereinafter provided; and no officer of the Post Office shall incur any
liability by reason of any such loss, misdelivery, delay or damage,
unless he has caused the same fraudulently or by his willful act or
default."
Since the Speed Post article has missed in Postal custody, can above law provide immunity for the officer/staff under fault? Can compensation for the article and metal agony be claimed through any one the court of law?
Please answer at earliest .
Thanks and regards
M.R.Sahayanathan,
11, main Road,
Mandurai-621703,
Trichy, Tamil Nadu .
ur question here. Do not use ALL CAPS.