Non-Delivery of Telegraphic Money Order

Facts

Amount of Money sent by Telegraphic order did not reach payee at all despite furnishing full address of payee.

Stand of Post Office

There is complete immunity from liability for loss, mis-delivery or delay or damage caused in postal transmission. There was no fraudulent or wilful act on the part of Post Office. Reliance placed on S.6 Post Office Act, 1898.

Decision of District Forum

D.F. directed Post Office to return telegraphic money order amount with interest @ 12% from date of sending money order till payment, return money order charges, and to pay compensation of Rs. 2,000 far mental agony and anguish suffered. Pay within 30 days otherwise pay interest @ 18% for award amount.

Decision of Tamil Nadu State Commission on appeal by the Post Office

  • S.6 of Post Office Act, 1898 is not at all applicable which gives complete immunity from liability for loss, mis-delivery, delay or damage caused in postal transmission.

  • Relevant Section applicable which gives complete immunity from liability for loss, mis-delivery, delay or damage caused in postal transmission.

  • Relevant Section applicable in case on hand is S.48(c) of Act, 1898.

  • Payment of any money order being refused or delayed by the commission of any fraud or willful act or default of any officer of Post Office, exemption from liability may not be there.

  • Exemption from liability in respect of money orders cannot be claimed incase of commission of fraud, willful act or default resulting in payment of money order being refused or delay occasioned therefore.

Moot Question

What material required to point out practice of fraud or willful act or default.

What sort of proof on such aspects required to mulct liability either on Government or any officer of Post Office.

Complainant cannot at all be expected to have any sort of a knowledge as relatable to further acts done by Post Office in dispatch of money order form and other related matters for payment to addressee.

It is for Post Office to furnish particulars to enable Post Office of addressee to effect
payment of money order by personnel of Post Office of addressee in as much as those details are exclusively within personal knowledge of Post Office.

Section 106 of Evidence Act states when any fact is especially within knowledge of any person, burden of providing that fact is upon him. Thus, it is for Post Office to divulge all information within their exclusive knowledge for making payment of money due to the addressee of money order.

There is total absence of proof on part of Post Office on such aspect of matter. As such adverse inference is to be drawn (S. 114(g) Evidence Act) to the effect that evidence which could be and is not produced woul, if produced, be unfavourable to person who withholds it. Hence committal of fraud / willful act default by Post Office resulting in non-payment of money order.

Relief

As decided by D.F. but compensation of Rs. 2,000 disallowed as both interest and compensation not in accordance with law.

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