Compensation in respect of domestic items - Post Office Regulations 2024

CHAPTER-IV

COMPENSATION

73. Compensation in respect of domestic items.- (1) The compensation shall be payable to the sender of the item  by Department of Posts in the Ministry of Communications in event of loss of, damage to, part loss of or delay of an item, subject to the conditions mentioned in these regulations except as otherwise specified.  

2. The compensation shall be given in the event of loss of, damage to, part loss of or delay of an item, unless that item-  

1. is considered to be undeliverable in the following circumstances, namely: -  (i) following a failed delivery, the addressee has not taken advantage of the opportunity under “intimation served” within the holding period; or

2. the address is unsafe or unsecured or if access to the delivery point has been prevented or impeded; or
3. the address to which the item is to be delivered is not permanently occupied by any person; or
4. the item is not fully and correctly addressed in a manner which includes all the elements of the address, written clearly on the front, or on a label securely attached to the front of the cover (or otherwise in a manner such that the address is clearly visible in its entirety as if it had been written on the front of the cover); or
5. the address is illegible; or
6. the health and safety of any individual may be put at risk; or
7. for any other reason, if found it is impracticable or unreasonable to deliver the item;

2. has not fully met all of the conditions mentioned in these regulations;
3. has insufficient or no postage paid for the service requested;  
4. is one that contains prohibited items or restricted items by any law of the land or under the Act or these regulations;
5. for which the claim is submitted is undelivered due to situations outside the control, including exceptionally severe weather conditions, acts of terrorism or vandalism;
6. is one where the loss, damage or delay is due to a latent or inherent defect or natural deterioration.

3. The compensation payable in the event of delay in delivery, loss or damage or part damage of domestic item are as mentioned in Table V of Schedule I.  

74. Compensation in respect of insured items.- There shall be payable to the sender of an insured item, compensation by Department of Posts in the Ministry of Communications not exceeding the amount for which the item has been insured, for the loss of an item or any of its contents or for any damage caused to it in the course of transmission by post, except in cases as specified by administrative instructions from time to time:

Provided that the compensation shall in no case exceed the value of the item or any of its contents lost, or the amount of the damage caused, and provided that in the case of loss, the sender shall furnish full particulars of the contents of the item and its value.  

75. Complaint in respect of domestic or insured items.- (1) The sender, as well as, the addressee of an item may make a complaint-

1. after fifteen days and within sixty days of booking the item for non-receipt of the item;
2. within two days of receipt of the item, in case of damaged or loss in the item.

(2) No claim for compensation shall be admitted, if it is made more than sixty days after the item was posted.  

76. Filing of complaint. - (1) Filing of complaint shall be in accordance with the administrative instructions specified from time to time.

(2) Complaints may be made through the modes as specified in regulation 82.

77. Items treated as lost.- (1) The maximum period after which an item may be treated as lost in the absence of final delivery status for the purpose of payment of compensation, shall be sixty days from the date of booking or thirty days from the date of receipt of the complaint, whichever is later, provided that the complaint is made within the said period .

2. The compensation against a claim to the sender of the item, so declared as lost, shall be paid thereafter within a period of ten days.
3. The sender or addressee may claim compensation prescribed under these regulations on submission of a valid proof of booking along with the requisition in writing.  

78. Compensation in case of international items.- (1) The compensation shall be payable by Department of Posts in the Ministry of Communications in the cases involving accountable international items only subject to the conditions mentioned in these regulations, except as otherwise provided.

2. The compensation shall be given in the event of loss of, damage to, part loss of or delay of an item, unless that item-  

1. is considered to be undeliverable in the following circumstances, namely: -  (i) following a failed delivery, the addressee has not taken advantage of the opportunity under “intimation served” within the holding period; or

2. the address is unsafe or unsecured or if access to the delivery point has been prevented or impeded; or
3. the address to which the item is to be delivered is not permanently occupied by any person; or
4. the item is not fully and correctly addressed in a manner which includes all the elements of the address or as per the S42 addressing standard of the Universal Postal Union, written clearly on the front or on a label securely attached to the front of the cover (or otherwise in a manner such that the address is clearly visible in its entirety as if it had been written on the front of the cover).

Explanation. - For the purposes of this clause, “S42” means an addressing standard specified by the Universal Postal Union;

5. the address is illegible; or
6. the health and safety of any individual may be put at risk; or
7. for any other reason, if found it is impracticable or unreasonable to deliver the item;

2. all of the conditions mentioned in these regulations are not complied with;
3. insufficient (or no) postage has been paid for the service requested;
4. contains prohibited items or restricted items by any law of the land for the time being in force, or under the Act or these regulations, and it is either destroyed or seized by the competent authority;
5. an item for which claim is submitted is undelivered due to situations outside the control (force majeure) including exceptionally severe weather conditions, acts of terrorism or vandalism, the country or territory of destination has a right to decide whether the circumstances are beyond control as per its domestic law;  
6. where the loss, damage, or delay is due to a latent or inherent defect or natural deterioration;
7. the item is a registered bulk bag (M Bag);
8. disposal of the item is unable to be traced due to destruction of records in circumstances beyond control unless the liability is proved by other means;
9. the item could not be delivered due to decision of the Customs’ or the decision of any competent authority;
10. the item is lost and when such loss or damage has been caused by the fault or negligence of the sender, or arises from the nature of the contents;
11. the item is insured and in the case of insured items which have been fraudulently insured for a sum greater than the actual value of the contents;
12. the item is not delivered and the sender has made no inquiry within six months for registered, International Tracked Packet Service, and parcel; and within four months for Express Mail Service from the date on which the item was posted;
13. in the case of prisoner-of-war or civilian internee parcels;
14. where the sender’s actions may be suspected of fraudulent intent, aimed at receiving compensation, complete investigation shall be made within a period of thirty days and if the malicious intent of the sender is established as per the inquiry, then no compensation shall be paid;
15. the item is seized under the national legislation of the country or territory of destination, as notified by the member country or territory or its designated operator;
16. Where the national regulations of the destination country permit the designated operators of that country to deliver the registered item to a private mailbox or postbox and the addressee declares that he did not receive the item;
17. where any item is seized by an intermediate country or territory during airline transmission, as such item was prohibited to be transmitted through air, no compensation shall be payable.

3. The compensation payable in the event of delay in delivery, loss or damage or part damage of international item are mentioned in Table IX of Schedule III.  

79. Complaint in respect of international items.- (1) The sender, as well as the addressee of an item may make a complaint-

1. within twenty-four hours of receipt of the item, in case of damaged or partial loss or theft;
2. in case of parcels or registered or insured items posted, within a period of six months from the day on which the item was posted;
3. in case of Express Mail Service items posted, within a period of four months from the date on which the item was posted.  

(2) No claim for compensation shall be admitted if it is made after the timelines specified in sub-rule (1).

80. No compensation to be paid in certain cases.- (1) No compensation shall be payable by Department of Posts in the Ministry of Communications under following instances, namely: -

1. where the loss or damage has been caused by the fault or negligence of the sender, or arises from the nature of the item;
2. where the insurance has been fraudulently made for a sum above the real value of the contents, or there has been any other fraud on the part of the sender or the addressee;
3. where the insured item has been delivered to the addressee, or where the item is returned to the sender and the addressee or sender, as the case may be, has signed and returned the receipt therefor without protest, or in the case of an insured item, without immediately making a complaint of abstraction of or damage to the contents of the item to the administration of the office which delivered the item and proving that the abstraction or damage took place before the delivery of the letter;
4. where the sender has not given intimation of the loss, abstraction or damage within six months following the day of posting;
5. where the loss, abstraction or damage was due to improper or insecure packing;
6. where there is no visible damage to the cover or seals;
7. in cases beyond control such as tempest, shipwreck, earthquake or war;
8. where the insured item cannot be traced in consequence of the destruction of the documents relating to it from causes beyond control, unless proof of liability of the Post Office to pay compensation in respect of the item has been furnished otherwise;
9. where the insured item contained anything, the transmission of which by post, is prohibited;

  Provided that compensation shall not be inadmissible by reason only of the fact that an insured parcel contained any correspondence;

10. where the insured item is seized under any law for the time being in force in the country or territory of destination;
11. when an insured letter or box or parcel is lost, or destroyed, or its contents are wholly abstracted;
12. when by reason of damage attributable to the postal service, the addressee refuses to take delivery of an insured parcel;

2. The sender of the letter, box or parcel for which compensation is not payable, shall be entitled to a refund of the charges and fees which have been paid, and when an error on the part of the post office gives rise to enquiry as to disposal of such letter, or parcel, to a further refund of, any fee paid on account of such enquiry; but the sender of such letter, box or parcel shall in no case be entitled to a refund of the fee paid for insurance.
3. The Department of Posts in the Ministry of Communications shall not accept any liability to the sender or the addressee, other than that mentioned in these regulations in respect of loss of an insured inward or outward international letter post, or parcel post items or the abstraction of, or damage to, the contents thereof.

81. Period for settlement of compensation.- (1) The compensation shall be settled within the period of thirty days from the date of complaint or receipt of claim application:

  Provided that in event of any delay for reasons to be recorded in writing, compensation shall be payable as specified by administrative instructions from time to time.  

2. Filing of complaint shall be in accordance with the administrative instructions specified from time to time.
3. The sender or addressee may claim for compensation prescribed under these regulations on submission of a valid proof of booking along with the requisition, as specified by administrative instructions.  

82. Complaint, how to be made.- (1) A sender or addressee may make a complaint through the following means, namely: -

1. suggestion and complaints book (A book for recording suggestions and complaints is available at all post offices, during the working hours of the office);
2. web portal of the Post Office;
3. social media websites;
4. toll free numbers for the purpose; and  
5. written complaint.

(2) The Director General may, by administrative instructions, specify the officers of the Department of Posts in the Ministry of Communications as per the pecuniary and jurisdictional remits of the compensation claimed, who shall examine and dispose of the complaints for reasons to be recorded in writing, after giving a reasonable opportunity of being heard to the complainant.  

83. Liability for compensation in force majeure circumstances. - The Department of Posts in the Ministry of Communications shall not be liable to provide compensation in lieu of delay in delivery of products and services in force majeure circumstances.
84. Suspension or restriction of transmission of items. - The Circle Head or the Regional Head may, at any time, in respect of any post office within his jurisdiction, suspend the acceptance or dispatch of all or any of the classes of items or description or both of all or any of the classes of items to be accepted or dispatched.  
85. Treatment and transmission of items.- (1) All items, which are not accountable, shall be treated as unaccountable items and transmitted in a manner as may be specified by administrative instructions from time to time.  

(2) The items referred to in sub-regulation (1) shall be transmitted through the mode or in a manner, as specified by administrative instructions from time to time.

86. Treatment of counterfeit currency.- Counterfeit currency received by the post office for any purpose shall be dealt with in the manner mentioned under the instructions and guidelines relating to the detection and impounding of counterfeit currency, issued by the Reserve Bank of India or the Ministry of Finance.