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Non delivery of speed post

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I had given order for purchase of solar panels from a Company in Lucknow called Lucknow Traders. My residence is in Bengaluru. The consignor promptly dispatched the material by rail ( Train No. 12591 Lucknow-Yeshwantpur Express) on 6/11/2015. He sent the original waybill to me by speedpost. The material arrived in Yeshwantpur(which is close to Bengaluru) on 9th Of November 2015. But since I did not have the original waybill I could not take delivery of the package. Even after tracking it was found that the speedpost by which the seller sent the original waybill had not left Lucknow. We made enquiries at Lucknow as well as Bengaluru relevant post offices. But it did not yield any result. As I was incurring storage charges at the railway parcel office, I requested the seller to obtain duplicate copy of the waybill. He obtained the duplicate and sent to me by bluedart. In the end after delay of 13 days I could take delivery of the material. I incurred demurrage of Rs.790 and additional travel expenses. Can I sue the Indian Postal Department for their negligence and claim damages. I am attaching copies of relevant documents

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IMG-20151114-WA0001speedpost receipt.jpg724.72 KB
speedpost tracking.doc286 KB

Complaint against India Post

1. From the attachments it is observed that the Consignor of the goods was M/S Durga Traders in Lucknow and that you were the consignee, in Bengaluru, while the goods had arrived in Yeshwanthpur. The Consignment's Way Bill sent by Speed Post reached you after 13 days, and hence you had to pay demurrage amounting to Rs.790. 2. There is clearly a deficiency in service by the Postal Department, for which the dispatcher of the mail can only claim compensation from the Postal Department. 3. In this case the consignor being a trader, he has to compensate you for the extra expenses incurred by you in getting the goods released from the Railways. He could have despatched the Way Bill by other means or by any other Courier Service. 4. Moreover, he being a trader, the Consignor cannot claim compensation under the Consumer Protection Act 1986. If you can prove that you had sent the Way Bill by Speed post yourself, consequently you had suffered a loss due to its delayed delivery, and that you were put to great inconvenience, you have some grounds to take action under the CPA. 5. The Postal Department has a system of attending to grievances. Under that system, you can file your Complaint with the Post Master in charge at the place of posting the letter in Lucknow, with copy to the Senior Superintendent, at Hazratganj, Lucknow. You can also send your grievance and claim to "cpmg_up@indiaposy.gov.in".

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