Deficiency in courier service
SAPNA KANNAIDAS
(Querist) 06 January 2015
This query is : Resolved
Dear friends,
A husband sent a brand new television to her expecting wife at her maternal house as a surprise gift through a leading courier company. While booking, the consignor was advised by the courier company to not only declare the contents and value of the consignment (Rs. 35,000) but also attach a copy of the invoice with the consignment. At the time of delivery, the consignee was asked to pay octroi charges of Rs. 2500 as it was a state to state transport (Bangalore to Mumbai). The courier boy refused to be present while opening the pack. On opening the pack it was fount that the panel of the TV was completely damaged in transit.
When a complaint was made to the company regarding the damaged consignment, they sent their representative to investigate who confirmed that the damage has taken place due to negligence in transit and sent a mail confirming the same. However, they are now defending that since the consignment was not insured their liability is limited to Rs. 5000/-. The booking staff never informed the consignee about insuring the consignment.
After several email correspondences and telephonic conversation, the company does not seem to budge and co-operate in compensating the consumer.
Pls advise on the suitable action to be taken against the company to recover the cost of the product and compensation for the trouble and distress caused.
Regards,
Sapna
ajay sethi
(Expert) 06 January 2015
terms and conditions are printed on reverse of conisgnor copy . it generally contains a clause that you have to insure the consignment if it contains valuable items .
in the absence of insurance liability of courier company is limited
SAPNA KANNAIDAS
(Querist) 06 January 2015
Hi,
Isn't it a trap as it is business without responsibility? Considering the fact that the damage is due to negligence in transit which they have admitted.
Regards,
Sapna
Anirudh
(Expert) 06 January 2015
Please do not talk about 'Responsibility' here. Did you act Responsibly when you failed to declare the goods and failed to insure the parcel? They are giving you the compensation for damage. They are not obliged to give you to cost of the item in the parcel, especially when you did not declare what the parcel contained.
SAPNA KANNAIDAS
(Querist) 06 January 2015
Pls re-read the query and understand before replying. The contents were declared and invoice copy attached.
Anirudh
(Expert) 06 January 2015
Don't expect replies will be to your liking.
Even when contents were declared did you insure it?
SAPNA KANNAIDAS
(Querist) 06 January 2015
All the process suggested at the time of booking was diligently followed. The option of insurance was not informed to the consumer hence not insured. In such a case, when the service provider admits that the damage happened due to his negligence, can it be considered as deficiency in service?
Anirudh
(Expert) 06 January 2015
There is definitely deficiency of service in the given situation. There is no doubt about it. But the question, what is the quantum of compensation/damages that you will get - certainly not the cost of the TV.
SAPNA KANNAIDAS
(Querist) 06 January 2015
The cost of repair estimated by the TV company is almost half the cost as the damaged panel is the crucial part. The fixed amount of Rs. 5000 will be an inadequate compensation. What maximum relief can the consumer claim?
Guest
(Expert) 06 January 2015
The compensation is likely to be subject to the conditions prescribed on the back of the courier receipt, which normally people ignore to read. So, you may please read the terms first before filing any case. Otherwise, you may also have to bear some more loss on account of expenses on litigation due to ignorance of the terms, if you neglect to read them thoroughly even by now.
Rajendra K Goyal
(Expert) 06 January 2015
In absence of insurance cover, your loss may not be compensated / recovered. You are on weak ground legally.
Kumar Doab
(Expert) 06 January 2015
You have posted that:
"While booking, the consignor was advised by the courier company to not only declare the contents and value of the consignment (Rs. 35,000) but also attach a copy of the invoice with the consignment. At the time of delivery, the consignee was asked to pay octroi charges of Rs. 2500 as it was a state to state transport (Bangalore to Mumbai). The courier boy refused to be present while opening the pack. On opening the pack it was fount that the panel of the TV was completely damaged in transit. "
You may mention that:
--- package was properly packed as per wishes of the courier……
---the courier boy refused to be present while opening the pack……………and put the onus on systems of handling the package accepted by courier as duly packed as per direction of the courier……………………probably the sounds from package had already indicated that it has been mishandled in transit or in local branch…………..and local office had already sounded the delivery boy……..
"When a complaint was made to the company regarding the damaged consignment, they sent their representative to investigate who confirmed that the damage has taken place due to negligence in transit and sent a mail confirming the same. "
---This amounts to admission of mishandling, negligence………
“The cost of repair estimated by the TV company is almost half the cost as the damaged panel is the crucial part.”
Attach the duly certified copy of the estimate to courier…………
You should not loose by asking for unreasonable amounts and should succeed by asking for reasonable amounts and compensation and litigation expenses……
You find the following as relevant and useful…..
A case between M/s.Kingfisher Airlines Ltd.,Vittal Mallya Road, Bangalore 1. VS Manish Thakkar S/o.Harish Thakkar, 115/B, 3rd Floor, Omalur Main Road, Salem 636 007.& another passed on 30/11/2011 with case number F.A.776/2010
http://www.indiacase.com/state-commissions/38033-consumer-court-case-on-manish-thakkar-soharish-thakkar-115b-3rd-floor-omalur-main-road-salem-636-007-another-fa7762010
Consumer Protection Act on Courier and Transport Services
--Carriers is bound to compensate the consigner for loss caused to goods due to negligence of its staff unless loss was caused by the act of God – 2010(1) CPC 404 S.C.
--Goods transported by carrier damaged before reaching its destination – OP directed to pay price of goods with compensation of Rs. 20,000/- with cost and interest at 9% – 2012(3) CPC 37 N.C.
file:///C:/Documents%20and%20Settings/Administrator/My%20Documents/Downloads/Transportation.pdf
http://www.consumercases.in/consumerdigest/doc_download/75-transportation
www.consumercases.in/consumerdigest/doc_download/72-sc-digest
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SAPNA KANNAIDAS
(Querist) 06 January 2015
Thank you very much for your useful inputs and advice.
