Vasu Singh 30 June 2021
My uncle has a business of curry masala and he usually distributes samples to potential buyers. Recently he kept a huge amount of sample at one of his worker’s place to use them later. When asked about the stored samples, the worker refused to give them or pay any money for the same. Can my uncle claim compensation for the loss and how should he approach the same?
G.L.N. Prasad (Retired employee.) 01 July 2021
This is not bailment for legal purposes. The transaction is more of trust. File a police complaint and if the value is negligible it is always advisable to treat the loss as usual business loss, as proceeding legally is a waste of time and money when recovery is difficult.
P. Venu (Advocate) 01 July 2021
Is the issue worth pursuing in a litigation?
T. Kalaiselvan, Advocate (Advocate) 02 July 2021
In the absence of any agreement with the worker for storing his samples in his place, the worker can deny the storage of such items in his place.
Even if the owner has evidence for having kept the samples in that place, he cannot give a complaint to the police becasue there was no arrangement with the worker for storing the goods in his place neither there was any rental payment made by the owner to the worker for storing the said items in his place.
Instead of taking any legal action to recover the goods or the value worth of his goods, he may have to try some other method to recover the same.
Dr J C Vashista (Advocate) 05 July 2021
It is not a matter of bailment but arrangement to store samples.
P. Venu (Advocate) 05 July 2021
Yes, it may not a case of bailment. But, certainly there could be an action for unearned advantage. However, is the issue worth a litigation?
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