Section 6 of the Post Office Act, 1898 (This is no typo, the Act is really more than a hundred years old!) reads "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 in express 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 willful act or default''.
Till now, consumer courts were interpreting this section in such a way that it was almost impossible to get compensation for deficiencies in the postal service. But a path-breaking recent decision of the National Consumer Commission (I (2009) CPJ 132 (NC)) corrects the situation.
M.L. Gupta had complained to the Shimla District Forum that the postal department delivered his provident fund cheque to the wrong address and as a result there was a delay of several months in realizing the cheque. The Forum agreed with his complaint and ordered the postal department to pay him Rs. 12,000 as compensation for deficiency in service. Citing Section 6 of the Post Office Act in its defence, the postal department appealed to the Himachal Pradesh State Commission. The State Commission observed that the Act was an archaic law enacted by the British to avoid responsibility for their malfeasance. The Commission also observed that in light of Article 14 (Equality Before Law) of the Constitution of independent India, the postal department was misusing and abusing Sec. 6 of the Act and dismissed the appeal.
With a never-say-die attitude, the postal department went in appeal before the National Consumer Commission. But the National Commission upheld the order of the State Commission.
As a result of this decision of the National Commission, the exemption from legal action enjoyed by the department in cases of loss/misdelivery/delay/damage of postal articles has been severely curtailed. Most of these deficiencies in service are now covered by the Consumer Protection Act. If you have suffered loss due to any such deficiency in service, file a complaint before the consumer courts and get compensated for your loss.