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

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


    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.



  2. Re: Appeals under RTI


    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.

  3. Re: Appeals under RTI


    Quote Originally Posted by p.esakkimuthu View Post
    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

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



    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.

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


    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
    Last edited by ganpat1956; 29-09-07 at 09:02 PM.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  6. #6
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    Re: Whether Certificate of posting or Courier acknowledgement will constitute sufficient proof.


    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.

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


    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.

  8. #8
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    Re: Whether Certificate of posting or Courier acknowledgement will constitute sufficient proof.


    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.

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