Hi, I was working for an IT company. I left the company recently. As I am working remotely, I had to ship the laptop back to the company. The laptop is owned by the client of my employer.
I shipped the laptop on 11th September 2021 by a local courier services company which I used once before for a similar purpose. As of 19th October 2021, the date of the post, the laptop has not reached yet.
My employer is asking for an FIR against the courier company. The estimated amount of the laptop post-depreciation is 10k, as mentioned by the employer.
The courier company is saying they are trying to track the parcel. At the time of booking, I didn't disclose on any documents that the parcel contains a laptop. It was communicated to them orally. There is no insurance taken as I was not aware that I had to take one, and neither did the courier office employee tell me that I can or should take the insurance.
Steps taken so far: 1. Daily follow-up with the courier company to see if they found my parcel
2. Daily updates given to the employer
3. Written legal notice given to the courier company copying my employer and the top brass of the courier company to give a written reply on the status and location of the parcel giving them 5 days of time to reply back. This was done on 7th October 2021.
4. Attempt to file an FIR with the local police station. The Thana incharge said that this is a civil matter and denied filing an FIR. Requested him a few times, but he is saying they cannot do it.
Questions: 1. What could be the next course of action?
2. Can I get my final settlement post-deduction of the cost of the Laptop?
3. Can I really not file an FIR? Asking this because the employer is pushing for filing an FIR.
From India
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I shipped the laptop on 11th September 2021 by a local courier services company which I used once before for a similar purpose. As of 19th October 2021, the date of the post, the laptop has not reached yet.
My employer is asking for an FIR against the courier company. The estimated amount of the laptop post-depreciation is 10k, as mentioned by the employer.
The courier company is saying they are trying to track the parcel. At the time of booking, I didn't disclose on any documents that the parcel contains a laptop. It was communicated to them orally. There is no insurance taken as I was not aware that I had to take one, and neither did the courier office employee tell me that I can or should take the insurance.
Steps taken so far: 1. Daily follow-up with the courier company to see if they found my parcel
2. Daily updates given to the employer
3. Written legal notice given to the courier company copying my employer and the top brass of the courier company to give a written reply on the status and location of the parcel giving them 5 days of time to reply back. This was done on 7th October 2021.
4. Attempt to file an FIR with the local police station. The Thana incharge said that this is a civil matter and denied filing an FIR. Requested him a few times, but he is saying they cannot do it.
Questions: 1. What could be the next course of action?
2. Can I get my final settlement post-deduction of the cost of the Laptop?
3. Can I really not file an FIR? Asking this because the employer is pushing for filing an FIR.
From India
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Dear member,
The loss of consignments by courier companies is a common problem. Please note the following in your case:
a) When you booked the consignment, the courier company must have issued you with a hard copy of the docket. On the backside of the docket, you will find the terms and conditions of the delivery of the consignment. Regardless of the value of the consignment, in cases of loss, damage, or theft, the courier companies accept liability for the payment of a maximum amount of Rs 500/- only.
b) As mentioned earlier, when a customer books a consignment through a courier company, the company issues a docket to the customer. This docket is essentially a contract between the consignor and the courier company under the provisions of the Indian Contract Act, 1872. Once you sign the docket, the terms and conditions of the contract become valid, and the courier company has taken measures to safeguard itself.
c) This is irrespective of points (a) and (b) above. When booking a non-document (any material or articles), a customer is expected to declare the actual contents as well as the commercial value. However, in this case, neither was done. Even if you had declared the actual content as "laptop," you were expected to mention the laptop serial number, model number, make, etc. A copy of the purchase invoice of the laptop should have been attached to the docket, which was not done.
d) Cautious customers typically insure the goods they ship through courier companies, which unfortunately was not done in this case.
e) Your lawyer has sent a legal notice to the courier company. On what basis? Which act or law have they violated? Did your lawyer discuss this with you?
f) You can file a case in the consumer court for the deficiency in service. To file a case, you need the services of a lawyer, though you can also do it on your own. However, with the liability for the loss being restricted to Rs 500/- only, it is unlikely that any courier company will be deterred even if they receive a summons from the consumer court. Moreover, to claim Rs 500/-, you may have to spend a significant amount of money!
g) Loss of shipments or consignments by courier companies is common. Individuals working in courier companies are accustomed to this perennial challenge. While this case may be new to you, it is likely not new to them.
h) Non-delivery of a consignment by a courier company is considered a civil matter. Since police authorities handle criminal matters, their denial to file an FIR is understandable.
Final Comments: My objective was to analyze the case dispassionately, not to demotivate you. The loss of a shipment by a courier could impose a financial burden on you. Setbacks are part and parcel of life, which is why it is advisable to use reputable companies to ship consignments. While even branded companies may lose consignments, the chances are minimal.
The above comments are based on personal experience. Other senior members may offer their valuable insights.
Thanks,
Dinesh Divekar
From India, Bangalore
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8218The loss of consignments by courier companies is a common problem. Please note the following in your case:
a) When you booked the consignment, the courier company must have issued you with a hard copy of the docket. On the backside of the docket, you will find the terms and conditions of the delivery of the consignment. Regardless of the value of the consignment, in cases of loss, damage, or theft, the courier companies accept liability for the payment of a maximum amount of Rs 500/- only.
b) As mentioned earlier, when a customer books a consignment through a courier company, the company issues a docket to the customer. This docket is essentially a contract between the consignor and the courier company under the provisions of the Indian Contract Act, 1872. Once you sign the docket, the terms and conditions of the contract become valid, and the courier company has taken measures to safeguard itself.
c) This is irrespective of points (a) and (b) above. When booking a non-document (any material or articles), a customer is expected to declare the actual contents as well as the commercial value. However, in this case, neither was done. Even if you had declared the actual content as "laptop," you were expected to mention the laptop serial number, model number, make, etc. A copy of the purchase invoice of the laptop should have been attached to the docket, which was not done.
d) Cautious customers typically insure the goods they ship through courier companies, which unfortunately was not done in this case.
e) Your lawyer has sent a legal notice to the courier company. On what basis? Which act or law have they violated? Did your lawyer discuss this with you?
f) You can file a case in the consumer court for the deficiency in service. To file a case, you need the services of a lawyer, though you can also do it on your own. However, with the liability for the loss being restricted to Rs 500/- only, it is unlikely that any courier company will be deterred even if they receive a summons from the consumer court. Moreover, to claim Rs 500/-, you may have to spend a significant amount of money!
g) Loss of shipments or consignments by courier companies is common. Individuals working in courier companies are accustomed to this perennial challenge. While this case may be new to you, it is likely not new to them.
h) Non-delivery of a consignment by a courier company is considered a civil matter. Since police authorities handle criminal matters, their denial to file an FIR is understandable.
Final Comments: My objective was to analyze the case dispassionately, not to demotivate you. The loss of a shipment by a courier could impose a financial burden on you. Setbacks are part and parcel of life, which is why it is advisable to use reputable companies to ship consignments. While even branded companies may lose consignments, the chances are minimal.
The above comments are based on personal experience. Other senior members may offer their valuable insights.
Thanks,
Dinesh Divekar
From India, Bangalore
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