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Yuva (self)     25 June 2010

How to hold a Courier Service liable for stolen item

I had used a Courier Service to send a package from Mumbai to Delhi.  It contained 2 gemstones which were stolen and the package delivered re-sealed & empty. 

How do I hold the courier service responsible and liable to bear the cost/value of stolen goods (40,000rs) ?

I had declared the value and items upon handing over the package. I want them to cooperate in tracing the person who stole the stones. 

What rights can I use to my defence in getting this Company to cooperate & nab the culprit? The cops are cooperating slowly.  The courier company can find out and question its workers & trace all who had come across the package. 

How do I proceed with such a case if no cooperation from Courier Service in tracking the thief? Aren't Courier services responsible once they accept a package into their custody/care?   Isn't that implied consent/agreement as well as written when they hand over their receipt? This co. can't get away with its workers stealing things. Its fraud, negligence, perjury if one has trusted a co. to deliver ............. plz advise



 17 Replies

Dhawal Bhandari (ADVOCATE)     25 June 2010

may be in consumer court !

kranthi (retainer advocate)     25 June 2010

u can file petition beforeconsumer forum, the corier co. will give in their terms  that any lost of thing they r not responsble

amit (professional)     28 June 2010

u can take recourse of consumer forum and along with value of goods u can claim compensation also.

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     01 July 2010

sir,

u have to approach consumer forum for deficiency of service

Devesh A. Bhatia (Advocate)     04 July 2010

This can be a case of criminal misappropriation with you handling over a valuable good for delivery and safekeeping during transit to the courier company and upon accepting the package (marked with value of the goods) they assumed the responsibility. Dont worry what they say on the receipt that good lost is not their responsibility. 

File an FIR or criminal misappropriation against the courier company. 

venkatkrishna (AGM)     20 July 2010

You have  two options.  1)  file a  complaint  for non delivery of the  shipment entrusted to courier.  The offence is covered U/Sec 407, 406  and 420 of I.P.C.  If  police  not cooperating,  file a  private complaint before the Magistrate court for directions.  File this  criminal complaint against  the concern Branch Manager, M.D / Director  as principle officers of the company   and  also against  Delivery location Branch.

2)  file a consumer complaint.   100%  it is a fit case for  your grievance.  

Note : Both options are open  and can file  simultaneously also.  There is no bar  to file two  cases. For your knowledge,   Criminal complaint is for  the  criminal offence done by the courier but not for  recovery of your goods.  ( in criminal  proceedings,  there is no  provisio for recovery from the Accused)   Next one is for recovery of your goods with compensation  in consumer court.

annie (none)     15 February 2011

 I had used a Courier Service dallas  to send a package from punjab to mumbai .  It contained gold which were stolen and the package delivered re-sealed & empty.I have no any idea that what i have to do,please help me.

 

delivery service dallas

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     15 February 2011

CONTRARY  TO  THE  OTHER  ABOVE  OPINIONS :


1.  A courier company is not liable for the contents inside the courier package.  Neither the courier company is liable to inspect the contents of the courier package.  At the maximum the courier company, even if liable, may be liable only the extent of the courier charges / fees that is collected at the time of booking the courier consignment.


2.  In the case instant, the Courier company has fulfilled its  "Service" conditions,  by delivering the courier package.  Hence by this logic,  a Consumer Court  redressal is not maintainable at all.  ONLY IF in the event the courier package is not delivered at all or is delayed delivered beyond a reasonable period-frame or is damaged, THEN the courier company may be sued for damages / compensation for deficiency in services.


3.  Like-wise the Courier company, as a corporate entity,   cannot be held liable  for Criminal liability for theft of goods / material inside the courier package.  However the Police may initiate criminal investigations against the individual concerned staff of the courier and prosecute them in their individual capacity.  The courier company (as a entity) is not liable nor can be held as accomplice for the theft of the package by its staff members, unless the contrary is proved during police investigations.


4.  However, if the Courier package contents is insured with a registered insurance company,  then the Insurance Company is liable to compensate for the loss of goods in transit, subject to various parameters.  However, again all this again on owner's self-good-will declaration and/or by  physical inspection / valuation by the Insurance Company and the subsequent amount of insurance premium on the item value of the contents of the courier package.


5.  The onus  / responsibility of documentarily proving that the courier package contained precious stones / gold of whatever, is with the owner of the package and not with the courier company.  Whether the courier package contained the said valuable goods WILL ALWAYS BE DOUBTFUL WITHOUT PROOF  and a non-acceptable one sided statement /allegation (true or false)  by the owner of the package.


6.  IF the contents & valuation of the courier package is not pre-declared and pre-documented by the Insurance company,  NO CLAIM WHATSOEVER will lie in any court and shall further be null & void under the Contract Act.


QUOTE :  "It requires a very unusual mind to undertake the analysis of the obvious"
Keep Smiling .... Hemant Agarwal

Jumbo Courier (0)     24 August 2017

Visit - Jumbo Courier is provide you Insurance services for lost, stolen, or damaged items. 

MPS RAMANI (Scientist/Engineer)     24 August 2017

A police complaint can be filed against the proprietor, if it is s proprietary concern, the designated officer in the case of any other type of company. It is for such individual to co-operate with the police to find the culprit in the organisation. The customer cannot know who among all the staff had stolen. The person who runs the courier company is liable for criminal negligence, if he is not himself the thief. One can go to consumer court for deficiency in service by the courier company. That will only be a civil case


(Guest)

Mr. Yuva,

 I differ with the views of all other members, except that of Shri Hemant Agarwal. You can't do anything at your own, except reporting the matter to the police. Since you have already registered your complaint with the police, it is now the job of the police to get the culprit traced and to hold him liable. But question arises, how would you be able to prove that you put gemstones in the parcel and also that the sealed parcel was tampered in the custody of the courier company or by the deliveryman?

Unless you are able to produce evidence of what you say, your case may fail, whichever forum or court you may approach with whichever allegation or criminal offence, as advised by various members.

 


(Guest)
Originally posted by : venkatkrishna

You have  two options.  1)  file a  complaint  for non delivery of the  shipment entrusted to courier.  The offence is covered U/Sec 407, 406  and 420 of I.P.C.  If  police  not cooperating,  file a  private complaint before the Magistrate court for directions.  File this  criminal complaint against  the concern Branch Manager, M.D / Director  as principle officers of the company   and  also against  Delivery location Branch.

2)  file a consumer complaint.   100%  it is a fit case for  your grievance.  

Note : Both options are open  and can file  simultaneously also.  There is no bar  to file two  cases. For your knowledge,   Criminal complaint is for  the  criminal offence done by the courier but not for  recovery of your goods.  ( in criminal  proceedings,  there is no  provisio for recovery from the Accused)   Next one is for recovery of your goods with compensation  in consumer court.

 

@Venkat  Krishna,

May be you are correct in your advice, but question arises, would the querist be able to prove his claim that he really put gemstones in the parcel and also that the sealed parcel was tampered in the custody of the courier company or by the deliveryman? He has not stated anything like that he had any such evidence in support of his claim.

I hope you would like to agree with me that without ample proof in his favour, no case against the courier company can be established either in the forum or in the court of law.

 


(Guest)
Originally posted by : annie

 I had used a Courier Service dallas  to send a package from punjab to mumbai .  It contained gold which were stolen and the package delivered re-sealed & empty.I have no any idea that what i have to do,please help me.

 

delivery service dallas
 

 

Proof is a must in support of your claim.

 


(Guest)

Mr. Ramesh Singh,

Thanks for pointing out. But, you would also have observed, the thread was enlivened by Jumbo Courier just 1 day before I posted my observation. So, it appeared in the present day posts. Also, can you please advice, if my observation on any such issue is not valid in present day environment?


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