Item misplaced by courier company and less money offered in claim settlement
PRASHANT MISHRA
(Querist) 15 August 2015
This query is : Resolved
Hello everyone. I am an I.E.S. officer 2012 batch. I have joined the Indian Railways. It's my first posting at Gonda city, 120km from Lucknow towards Gorakhpur. I ordered a led TV on 2/7/15 from snapdeal.com. I received the TV on 11/7/15 through GATI Courier services. The TV turned out to be defective and I requested for a return from snapdeal.com. snapdeal.com could not come and pick up the product from my place so they told me to manually courier the TV back to them. I booked the TV through GATI Courier services on 14/7/15 for destination address at Lucknow. They gave me an assured delivery date of 16/7/15. I tracked my docket online through the docket number provided to me in the courier receipt I got.16/7/15 my docket containing the led TV had reached destination city i.e. Lucknow.18/7/15 undelivered due to holiday (eid).22/7/15 undelivered due to received only docket at destination city. This is the tracking record of the GATI courier services of my docket. When I talked to the customer care,after enquiring,they told me that they have misplaced my docket and are ready to refund me for the loss. The cost of the TV was Rs 33600 and this was the value declared by me too but the claim they are offering me now is Rs 10000 only. They say that I had signed the docket receipt in which it is mentioned that courier is being sent at shippers risk and not at carriers risk so they would not be able to provide me with the full declared value settlement but only a fraction of it. I was not asked at the time of booking my courier about the risk coverage. The courier charges has been refunded to me by snapdeal.com which was Rs 550 only. If I would have known about the risk coverage I would have chosen for the carriers risk as the full courier bill would have been refunded to me by snapdeal.com. kindly help me experts. How can I legally claim my full declared value by the GATI courier services. Please advise me as soon as possible. I am attaching the docket copy of the courier send by me through GATI. Please help me
P. Venu
(Expert) 16 August 2015
First of all you may serve notice, preferably through a lawyer, seeking reimbursement of the entire amount. If no response, you may approach the consumer forum.
dev kapoor
(Expert) 16 August 2015
Hi,
With due deference to Mr.Venu I say that no legal notice is contemplated under CPA 1987.If as a matter of caution you are asked top serve one that is different thing.File a Consumer Complaint without delay and your grievance will be redressed suitably.
dev kapoor
(Expert) 16 August 2015
Hi Prashant,
If you have signed the settlement voucher accepting Rs.10,000/- in lieu of your claim without any protest or objection,then you will have to justify that it was due to misrepresentation,fraud or such like circumstances.You implead all three as party in your complaint stating that it is a case unfair trade practices as well as deficiency in service.It is not settled through subrogation,(your lawyer can advise ) Consumer complaint is the best remedy available.Moreover you have to say that since Rs.10,000/- was sent through MO/Draft/Cheque you received it as a part payment in expectation of final settlement.But make sure you have not signed a document stating that 'it is full and final settlement of your claim'.
PRASHANT MISHRA
(Querist) 16 August 2015
Hi Dev. I have not accepted the Rs 10000/- as claim settlement. I refused to take anything,from GATI,that is less than my full declared value.
