currier not delivered
Apurva Kumar
(Querist) 15 November 2008
This query is : Resolved
I,sent an item to Delhi from Patna thru a reputed currier service but they failed to delivered it,as after inquiry they said that there delivery man met with with an accident an in the meantime some roadside person take away the fallen material.By this way they showed there recklessness. What remedy i have?shall i move to state consumer forum? i am planning to seek a compensation of one lakh can i? and what will be the format of the petition or application.Please help me as that was carrying a very precious item?
Regards,
Apurva-Kr
Advocate,High Court.
Patna-1(Bihar)
M. PIRAVI PERUMAL
(Expert) 15 November 2008
You can prefer an complaint before the District Consumer Disputes Redressal Forum at Delhi. You can refer the Consumer Protection Act for the model it is more or less just like usual plaint filed before the civil court. Even though, usually, the terms and conditions in the receipt will contain limited liability clause. The courier companies will restrict their liability to Rs. 100/- or so in case of missing of consignment. But, u can claim compensation on account of mental agony suffered by you due to non-delivery by detailing and emphasizing the importance of the consignment. The Supreme Court has held that the District Forum can grant compensation in case of mental agony.
Tribhuwan Pandey
(Expert) 16 November 2008
Yes you may file complaint before District Consumer Disputes Redressal Forum but you must have the receipt of the courier company.
Format of complaint is just like a plaint of civil suit.
Regarding the amount of compensation is depend on the prof that what loss you got.
K.C.Suresh
(Expert) 17 November 2008
Approach consumer forum for redressal of grievance.
G. ARAVINTHAN
(Expert) 18 November 2008
You can file complaint either in District Consumer Redressal Forum in Delhi or Patna for compensation. you have to prove the case by documents
J K Agrawal
(Expert) 14 December 2008
Apurva
You can file a complaint but amount of compensation is regulated by provisions of Carriage by Road Act 2007 (central act 41 of 2007)
