Many companies and courier agencies take contracts for delivery of items in foreign countries against payment of fees.
Many companies and courier agencies take contracts for delivery of items in foreign countries against payment of fees. There is always the theoretical possibility that, for no fault of the agency, the material may not be delivered abroad by the counterpart of the agency in that country. Who then bears the responsibility for such
non-delivery? This question was answered in a judgment of the Kerala State Consumer Disputes Redressal Commission in the post master, head post office, Karunagappally and others versus Dr B Harikumar.
The complainant, Harikumar, sent a parcel containing homoeopathic medicines to one Rashed in Saudi Arabia through the post office by registered post. The parcel never reached the addressee. Harikumar lodged a complaint with the customer care centre of the post office at Kollam but did not receive any reply. The complaint was then forwarded to the chief postmaster general of Kerala circle, but to no avail. Finally, he approached the district forum at Kollam.
The post office stated that they had forwarded the parcel to Saudi Arabia. And had even written to the Saudi post office about the issue. However, the post office did not receive any cooperation from their counterparts. They said that the complainant had given a box number address and it was difficult to trace the addressee. It was contended that if the parcel was not delivered, being a registered article, it would have been returned back to India. They also cited the Indian Post Office Act of 1898.
The district forum rejected all defenses of the post office and held that the consumer was entitled to Rs5,479 and Rs1,000 to be paid as compensation along with Rs500 as litigation costs.
The post office then approached the state commission which stated that it was for the consumer to prove that the parcel was not delivered to the addressee. They also contended that the consumer had not informed the postal authorities about the value of the consignment and he was hence not entitled to the sum. But, the commission rejected all contentions of the post office but reduced the compensation from Rs1,000 to Rs100.
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