Whether Certificate of posting or Courier acknowledgement will constitute sufficient proof.

[p.esakkimuthu]

The CIC has stipulated rules that the copy of the 2nd appeal must be served to the otherside and its proof must accompany the 2nd appeal filed before CIC. Whether Certificate of posting or Courier acknowledgement will constitute sufficient proof.

[maneesh]

Send it by Speed Post or Registered post of INDIA POST.

If it is not delivered the records can be retrived later. And the delivery by postal department can be taken as delivery to the respondent.

[mpai]

Originally Posted by p.esakkimuthu

Whether Certificate of posting or Courier acknowledgement will constitute sufficient proof.

The CIC Management Regulation Rules is under review. So why waste money, just send it Under Postal Certificate. This suffices.

Been doing this way with all my First & Second appeals since past one year. It helps even during hearings.

Manoj

[linardni]

We didn't come to know the reply of the pertinent query raised by esakkimuthu whether courier acknowledgments constitute sufficient proof of delivery. Inviting experts opinion in this respect.

[ganpat1956]

There are several decisions of the CIC that have duly taken the courier acknowledgement as constituting sufficient proof of delivery. The latest one can be viewed at http://cic.gov.in/CIC-Orders/Decision_08022007_20.pdf

[colnrkurup]

Courier acknowledgement (POD) with stamped dated receipt is an authentic proof of delivery. Even the court of laws have accepted it. As regards certificate of posting, it prove that only one letter has been posted or dropped in the post box. I dont' think it can be of much help. Normally any letter with correct addres will be delivered at the place of addressee. In case of only the miscreants who is in search of an excuse for not providing the information,the excuse of non-receipt of application comes in. To obviate this excuse one has to resort to speed post or registered post or reputed courier service who give POD with dated stamped receipt. In extreme cases I follow a system of complaining to the Customer Care of Postal Department that a particular speed post/registered letter is not delivered. In such cases the postal department trace it and reply back the date and time of delivery of the letter. In one case this system has helped me a lot. No one less than our Army HQs continued to plead that my application has not been received by them. When I forwarded the reply of Customer Care of Postal Department, it compelled the Army HQs to sarch every where, locate and admit receipt of my application.

[kushal]

With Department of Posts, a letter to the effect that it has been delivered is sufficient proof of delivery in the court of law. While you might need a dated POD in case of courier to prove the delivery.

Further, if one refuses to take the Registered Letter/Speed post, a simple remark of a Postman 'refused to take delivery' is tenable in the Court, however this cannot be the case with Private Mail Deliverer.

According to the Indian Post Office Act, only department of Posts has the exclusive domain of transmission and delivery of letters, therefore in really nutty case in the present scenario, the Information Providers might use it to it's advantage.

So the thumb rules are as Col. Kurup has mentioned:

1. Certificate of posting: No-No
2. Private Mail Deliverer: Use POD with receiver dated receipt.
3. Speed Post/Registered Post: Both with or without POD is ok.

[colnrkurup]

While this subject is under discussion may I add something more ? Even in the case of Speed Posts or Registered Post or Courier with POD, all it prove is that a closed cover addressed to a particular addressee is delivered. A shrewd receipient can successfully argue in a court of law that the cover did not contain the letter one plead as sent but something else or a blank paper. He will defenitely succeed with such arguements. In such cases, where one suspect such high-rating resistance (which normally does not happen) the method followed by me is to fold the letter itself conveniently, stapple it and put the address on the outer side of the leter itself. This letter will contain all the particulars of postal entries and seals which no one can dispute. All that is required is to ask for the letter containing the postal details. the inside page being the letter under issue no one can escape. This is just for information.

[maneesh]

This is a good information colnrkurup.

[mpai]

Originally Posted by colnrkurup

Even in the case of Speed Posts or Registered Post or Courier with POD, all it prove is that a closed cover addressed to a particular addressee is delivered.

Seems many of us looking for a non existent black cat in a dark room May I add a few (long lines) here?

Read on, (and more later)

Manoj

**************

General Clauses Act 1897

27. Meaning of service by post.- Where any (Central Act) or Regulation made after the commencement of this Act authorizes of requires any document to be served by post, where the expression "serve" or either of the expressions "give" or "send" or any other expression in used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing pre-paying and posting by registered post, a letter containing the document, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

*******

Civil Procedure Code 1908 , Order V
Delivery of summons by Court

1) Where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction who is
empowered to accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent either to the proper officer to be served by him or one of his subordinates or to such courier services as are approved by the Court.

2)***

3) The services of summons may be made by delivering or transmitting a copy thereof by registered post acknowledgement due, addressed to the defendant or his agent empowered to accept the service or by speed post or by such courier services as are approved by the High Court or by the Court referred to in sub-rule (1) or by any other means of transmission of documents (including fax message or electronic mail service) provided by the rules made by the High Court:

4) Notwithstanding anything contained in sub-rule (1), where a defendant resides outside the jurisdiction of the Court in which the suit is instituted, and the Court directs that the service of summons on that defendant may be made by such mode of service of summons as is referred to in sub-rule (3) (except by registered post acknowledgment due), the provisions of
rule 21 shall not apply.

5) When an acknowledgment or any other receipt purporting to be signed by the defendant or his agent is received by the Court or postal article containing the summons is received back by the Court with an
endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the defendant or his agent had refused to take delivery of the postal articles containing the summons or had refused to accept the summons by any other means specified in sub-rule (3) when tendered or transmitted to him, the Court issuing the summons shall declare that the summons had been duly served on the defendant Provided that where the summons was properly addressed, pre-paid and duly sent by registered post
acknowledgment due, the declaration referred to in this sub-rule shall be made notwithstanding the fact that the acknowledgment having been lost or mislaid, or for any other reason, has not been received by the
Court within thirty days from the date of issue of summons.

[ganpat1956]

Thank you Manoj for a very useful and exhaustive information.

[mpai]

Originally Posted by ganpat1956

Thank you Manoj for a very useful and exhaustive information.

Please make sure that the covers are clearly stamped with the letters

"RTI Matter" and "URGENT"

There is no harm to send the documents Under Certificate of Postings. All replies received from the PMO, DoP&T etc. are clearly under UPC.

This mode is again a valid form of posting and valid in CIC hearing. The Registrar of the CIC too accepts the photocopies of the UPC as proof of having served the copies of the 2nd Appeal to the respondents, as required, vide the new CIC(Management) Regulations.

Best wishes