Post office cited for failing to make holiday delivery
Jerusalem District Court rules on decade old case, orders postal authority to reimburse four varieties salesman for packages not delivered in 1997
The Jerusalem District Court ordered the Israel Postal Authority to pay NIS 41,000 (about $11,000) in damages to a business owner who sold packages of Sukkot’s four varieties, which failed to reach his customers prior to the holiday’s eve - 11 years after the fact.
The plaintiff sells his goods in the United States and in Israel. The marketing method in Israel was through orders made in advance and deliveries via courier service.
The plaintiff claimed that in 1997, the Israel Postal Authority violated a contract in which it pledged to deliver the goods to the clients “on the same day;” by failing to release some of the shipments. According to the claim, some of the goods were delivered after the holiday, causing both him and his costumers undue distress.
The Sukkot species (Illustration: EPA)
The plaintiff filed for NIS 2 million (about $500,000) in damages, citing loss of future earnings in the next 30 years and distress.
Section 78 of the Postal Services Act, however, stipulates that the Israel Postal Authority will not be held liable for belated deliveries; but does stipulate that the postal authority is accountable for any damage caused to mail during the delivery process – providing it was sent via registered mail – or in cases of negligent treatment of parcels.
Justice David Cheshin denied the plaintiff’s claim, since it pretained to a courier services; thus determining that the plaintiff was not entitled to receive compensation due to failures in the delivery.
However, Justice Cheshin did rule that the instances in which the deliveries were made after the holiday constituted “non-deliveries,” thus entitling the plaintiff to recompense.
