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REMEDY

(Querist) 13 June 2010 This query is : Resolved 
CAN ANYONE HELP ME.its urgent.
my brother(X) has recived a courier of one of my family member(y). Courier agent of DTDC has given him inspite of knowing it is not in his name.he has signed with "his name(x) for Mr Y".now somehow the courier has been misplaced and y could not get it.Mr. y has threated to lodge a police complaint.so what will happen.will my brother be held responsible or the courier company.what is the remedy for my brother.
Devajyoti Barman (Expert) 13 June 2010
Your brother can always take the plea of mistaken identity specially when if there is no principal and agent relationship(read written) between the two.
Unless the mala fide intention can be proved behind its missing your brother can not be criminally implicated.
Arun Kumar Bhagat (Expert) 13 June 2010
Both your brother and courier company are liable for contributory negligence. In case of monetary claim by Y, both have to compensate Y. But in case of criminal complaint of CRIMINAL BREACH OF TRUST u/s 406 IPC your brother alone would be liable to be proceeded with because he could not discharge the trust reposed upon him as he was entrusted with the valuable property and he became the trustee of the same.In case of further query u can ask me over my email bhagatarun10@gmail.com or 09143176197.
G. ARAVINTHAN (Expert) 14 June 2010
Your brother as well as the courier man are equally liable for the loss of Y.

Courier man delivered consignment to an unauthorised person.

Your brother, without proper authorisation had received the same
Raj Kumar Makkad (Expert) 14 June 2010
I concru with Bhagat
Kumar Thadhani (Expert) 14 June 2010
Both are responsible for negligence and your brother can be crimnally prosecuted for crimnal breach of trust u/s 406 of IPC .
nisha keswani (Querist) 14 June 2010
THANK U ALL.


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