Item misplaced by courier company and less money offered in claim settlement
PRASHANT MISHRA
(Querist) 15 August 2015
This query is : Resolved
Hello everyone. I am an I.E.S. officer 2012 batch. I have joined the Indian Railways. It's my first posting at Gonda city, 120km from Lucknow towards Gorakhpur. I ordered a led TV on 2/7/15 from snapdeal.com. I received the TV on 11/7/15 through GATI Courier services. The TV turned out to be defective and I requested for a return from snapdeal.com. snapdeal.com could not come and pick up the product from my place so they told me to manually courier the TV back to them. I booked the TV through GATI Courier services on 14/7/15 for destination address at Lucknow. They gave me an assured delivery date of 16/7/15. I tracked my docket online through the docket number provided to me in the courier receipt I got.16/7/15 my docket containing the led TV had reached destination city i.e. Lucknow.18/7/15 undelivered due to holiday (eid).22/7/15 undelivered due to received only docket at destination city. This is the tracking record of the GATI courier services of my docket. When I talked to the customer care,after enquiring,they told me that they have misplaced my docket and are ready to refund me for the loss. The cost of the TV was Rs 33600 and this was the value declared by me too but the claim they are offering me now is Rs 10000 only. They say that I had signed the docket receipt in which it is mentioned that courier is being sent at shippers risk and not at carriers risk so they would not be able to provide me with the full declared value settlement but only a fraction of it. I was not asked at the time of booking my courier about the risk coverage. The courier charges has been refunded to me by snapdeal.com which was Rs 550 only. If I would have known about the risk coverage I would have chosen for the carriers risk as the full courier bill would have been refunded to me by snapdeal.com. kindly help me experts. How can I legally claim my full declared value by the GATI courier services. Please advise me as soon as possible. I am attaching the docket copy of the courier send by me through GATI. Please help me
P. Venu
(Expert) 16 August 2015
First of all you may serve notice, preferably through a lawyer, seeking reimbursement of the entire amount. If no response, you may approach the consumer forum.
PRASHANT MISHRA
(Querist) 16 August 2015
I repeatedly enquired about my docket location from the customer care of GATI. Once they called me and said that they have misplaced my docket and are ready to refund me to which I agreed. They asked me to duly fill a claim letter which they had mailed me. I mailed them the filled claim letter, docket copy,invoice copy,my id and a cancelled cheque. Then they mailed me back saying to claim only Rs 10000. I declined the amount saying that I want the full declared value. Does this fulfill my serving notice for seeking reimbursement? Should I further serve notice for seeking reimbursement of the entire amount?
Dr J C Vashista
(Expert) 17 August 2015
No further notice is required straight away file a consumer complaint against the courier impleading snapdeal.com also.
You will be benefitted if you may engage a local lawyer for further guidance, advise and proceeding.
PRASHANT MISHRA
(Querist) 28 August 2015
I gave a 15 day notice to the courier service stating that I had sent my representative to lucknow gati courier office to enquire about the product I had couriered but still they could not trace it. Gati customer service had said to me that they have filed f.i.r. and are ready to reimburse money for the loss I suffered. Today I got a notice from Gati lucknow office stating that they had tried twice to deliver my courier at the destination address but the courier was not received by anyone at the destination. They say that they have my television in their godown and have now given me 10 day notice to pick up the TV by paying demurrage charges of 0.1% of declared value per kg per day. Now what should I do? How can they say now that they had the TV all this while when I kept enquiring regularly and they failed to tell me the exact location of my TV until now. I tried calling the Gati lucknow office more than 10 times but none of the personal are picking up my call. Please guide me on further actions to be taken by me.
Advocate/CS Sanjeev Kataria
(Expert) 17 August 2015
