Baramulla Consumer Commission Holds Postal Department Liable For Loss Of Parcel Containing Pashmina Shawls Worth ₹60,000

The District Consumer Disputes Redressal Commission, Baramulla/Bandipora, comprising Peerzada Qousar Hussain (President) and Ms. Nyla Yaseen (Member), held the postal authorities liable for deficiency in service for failing to deliver a parcel containing three pashmina shawls worth ₹60,000 and directed them to compensate the complainant for the loss along with damages for mental agony. Facts The complainant, Mehvish Ashraf, proprietor of M/S Olive Couture, Delina, Baramulla, booked a parcel containing three pashmina shawls valued at ₹60,000 for delivery to a recipient. However, the parcel was lost during transit and never reached its destination. Despite repeated follow-ups and requests seeking either recovery of the parcel or compensation for the loss, the postal authorities failed to resolve the grievance, following which the complainant approached the Consumer Commission alleging negligence and deficiency in service. Contentions Of The Parties The Opposite Parties contended that the complaint was misconceived and liable to dismissal. They argued that the complainant had neither disclosed the nature and value of the contents at the time of booking nor insured the parcel to cover the alleged risk. The postal authorities further relied on Section 6 of the Indian Post Office Act, 1898, contending that the Post Office is exempted from liability for loss, misdelivery, or damage to postal articles during transmission. Observations & Decision The Commission observed that the entrustment of the parcel to the postal authorities and its subsequent non-delivery were undisputed facts. It also relied on internal communication from the Senior Superintendent of Posts which reflected that the parcel had been lost in transit. Rejecting the defence of statutory immunity, the Commission referred to the National Commission's decision in Department of Posts v. Raja Prameelamma, wherein it was held that failure to deliver articles entrusted under paid postal services amounts to deficiency in service. The Commission further noted that the postal receipt recorded the parcel weight as 10,510 grams, substantiating the complainant's claim regarding the contents of the parcel. It held that the postal authorities failed to satisfactorily explain the loss or establish that due diligence had been exercised in handling the consignment. Accordingly, the Commission partly allowed the complaint and directed the postal authorities to pay ₹60,000 towards the value of the lost pashmina shawls. It further awarded ₹50,000 as compensation for mental agony and harassment, along with ₹10,000 towards litigation expenses. The amount was directed to be paid within 30 days, failing which it would carry interest at the rate of 6% per annum. Case Title: Mehvish Ashraf Prop. M/S Olive Couture v. Senior Superintendent of Posts Baramulla & Ors. Case No.: Consumer Complaint No. 12/2024 Click Here To Read/Download Order

Baramulla Consumer Commission Holds Postal Department Liable For Loss Of Parcel Containing Pashmina Shawls Worth ₹60,000

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Baramulla Consumer Commission Holds Postal Department Liable For Loss Of Parcel Containing Pashmina Shawls Worth ₹60,000

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