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How to hold a Courier Service liable for stolen item

Page no : 2

Yuva (self)     27 August 2017

Thank you to all the above members for your replies. It's been years since I posted my query under distress. I have since then won my Consumer court case & recovered my losses on my own. I did seek the help of a social worker & an advocate on drafting some affadavits. But, overall the info is available at the consumer court & online & one can fight the case for themselves. 

The full amount of my loss plus interest was paid to me. My case was exparte. The courier company's owner had to show up at the end stage to avoid arrest and his company being seized. Non compliance with the courts is a criminal offense. 

Of course, a company is liable. They are providing a service to the public & being paid for it. That is an agreement, to complete their end, of delivery of goods after we have contracted them to provide a service. They failed and we're at loss. They must take responsibility. The Consumer court route is the best way to go. The police didn't cooperate & its difficult to follow up with criminal cases unless you have a lawyer handling the matter throughout. For recovery of losses, definitely take immediate action by filing in your consumer forum. Some people have said in their replies how can the courier company be liable & know if the gemstones were in the box .. ? All companies require declaration of what's being sent along with value for insurance purposes. Most even check the items before accepting it & sealing it in front of the customer. Of course, they're liable, regardless. The Consumer if always right in most parts of the World. Especially in USA, businesses strive to satisy consumers & get their feedback to improve. Only in India, businesses/employers argue with consumers, not take any constructive criticism, & believe they have no fault in service. That's why there are so many fraudulent companies fooling the public & getting away with it for years. They pay off the cops and continue earning. People must get informed of their consumer rights and take action. All the best. 


(Guest)
Originally posted by : Ramesh Singh
Thank you @Yuva for your input.
When filling Form to avail courier service, it specifically clarify, no cash or gold ornament should kept inside or for any valuable article then its declaration with supportive document is mandatory. Becoz it attract Custom Act and violation of Courier service (import and export regulation) Rule.
@JIGYASU; in my view your observation is correct. Don't mind if it concise, me always post less word with avoiding legal word, to make it understandable.

 

Ramesh Singh ji,

I am thankful to you for your appreciation of my views in layman's language and thought perception about the case. I notice that the querists after getting opinion of the experts, usually don't revert back with their feedback about the results to make the experts review their perceptions. But here, Mr. Yuva preferred to give feedback for the analysis of the issue. So, I am thankful to Mr. Yuva also for his feedback after 7 years, may be after getting the issue refreshed by my views on the case. 

About the other aspects of your post, I don't forget that I am merely a jigyasu, which means a learner. I believe a layman can understand well in a layman's language only, not  with legal jargons/ terminology. Legal language, jargons and terminology is meant for the lawyers community and judges to interpret appropriately. So, I prefer to put my views only in layman's language in a precise and to the point manner. 

On what ground Mr. Yuva won his case is still a mystery, as not explained by Mr. Yuva. But I fully agree with your views to be correct about courier service. I appreciate that.

 

vondes vondes   16 April 2019

hello, nice to meet u

DigiLawyer   05 September 2024

I’ve faced a similar issue with a courier service before, and I know how stressful and frustrating it can be when your valuables are mishandled.

If a courier service is responsible for a stolen item, you can try these steps:

Contact the courier service: Inform the courier service immediately about the theft and the empty package.

Document of the incident: Keep records of all communication with the courier service, including emails, phone calls, and any written correspondence.

File a police complaint: Report the theft to the police and provide them with all available evidence.

Seeking legal advice: Consult with a lawyer who specializes in contract law or consumer rights.

Consumer Grievance Redressal: Complain with the appropriate consumer protection agency, such as the National Consumer Helpline or your state consumer forum, if the courier service fails to cooperate or compensate you for the loss.

Civil Lawsuit: As a last resort, if all other avenues fail, you may consider filing a civil lawsuit against the courier service for negligence and breach of contract, seeking compensation for the value of the stolen gemstones.

Visit digilawyer.ai and get real-time answers to your legal queries, from filing police complaints to pursuing civil lawsuits.


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