Situations related to the loss of a parcel in the mail occur quite often. What to do and what to do if your postal item was lost? In this article, we will consider in detail the algorithm for monetary compensation for a lost package.
Step-by-step instruction
1. Try to find the package by yourself.
Track the movement of the parcel using the track code on the Russian Post website. The track code is indicated on the cash receipt for payment for shipping services, contains 15 digits and begins with the sender's index. If you couldn't find the package, go to the next step.
2. Collect evidence of sending or paying for the package.
If you are a sender, then a cash receipt for postage is sufficient for compensation.
If you are the recipient, prepare information about the track code and payment documents for the goods. Contact the sender with a request to write a search statement. The sender may refuse or take no action. Try to get the waiver in writing.
If it was not possible to get a refusal, remember that the courts proceed from the fact that the addressee who paid for the parcel is entitled to a refund if the sender does not claim it.
3. Write an application for the search for a postal item.
Check the target delivery time of postal items. After the expiration of the period, write a search statement at the post office at the place of receipt or at the place of departure.
The post office is obliged to accept the application, regardless of the territory in which the parcel is no longer tracked.
Take a copy of the application with a mark of registration and delivery or other document from the representative of the post office to prove the submission of the application. The term for consideration of the application is 30 days.
4. Make a claim.
Make a claim if the Russian Post did not find the postal item. You can file a claim within six months from the date of sending the parcel.
Indicate in the claim passport data, parcel number, date and place of receipt of the parcel, destination, address and full name of the sender and addressee. List your losses. These include: the cost of the item being sent, which is determined by the sender on the basis of the declared value, and the cost of postage. If the parcel is lost without a declared value, then you can return only the amount of postal services.
Calculate the penalty. The post office is obliged to pay it in the amount of 3% of the price of services for each day of delay in the parcel. The amount of the penalty should not exceed the amount of the shipment (part 5 of article 28 of the Law of the Russian Federation "On Protection of Consumer Rights").
Attach to the claim a cash receipt for the shipment or documents of payment for the goods, calculation of the penalty.
The term for consideration of the claim is 30 days.
5. Go to court.
File a claim with Federal State Unitary Enterprise Russian Post on consumer protection if the claim remains unanswered, and the post office refused to compensate for the damage or did not compensate it in full. Submit a statement of claim to the justice of the peace at the place of residence, if the amount of the claim does not exceed 50 thousand rubles, and to the district court if the amount is more than 50 thousand rubles. You do not need to pay a filing fee for filing a claim.
The court will collect from the post office:
- the cost of the sent item in accordance with the declared value;
- amount of postal services;
- forfeit;
- a fine of 50% of the amount of the claim for non-compliance with the voluntary reimbursement procedure.
In addition, the court will seek compensation for non-pecuniary damage. The amount of compensation is determined taking into account the moral suffering of the plaintiff and does not depend on the cost of the service or the amount of the penalty.
Sample Claim
Director of EMS Russian Post
branch of FSUE Russian Post
119454, Moscow, Vernadsky Avenue, 18
From,
residing at:
tel.:
Claim.
On June 07, 2016, at the branch of the Federal State Unitary Enterprise Russian Post, I signed a service agreement and sent an EMS international parcel with a number to the United States of America.
The postage rate amounted to ___ rubles __ kopecks, which is confirmed by a check of postal items.
On July 29, 2016, I applied for a refund due to non-compliance with delivery times.
According to the response dated September 26, 2016, the EMS postal item No. EA was recognized as lost.
In accordance with Art. 34 of the Federal Law of the Russian Federation "On Postal Communication" for non-fulfillment or improper fulfillment of obligations for the provision of postal services or their improper fulfillment, postal operators are liable to users of postal services. Responsibility of postal operators arises for loss, damage (damage), shortage of attachments, non-delivery or violation of deadlines for sending postal items, making postal money transfers, and other violations of established requirements for the provision of postal services.
Losses caused during the provision of postal services are reimbursed by the postal operator in the following amounts:
in case of loss or damage (damage) of a postal item with a declared value - in the amount of the declared value and the amount of the tariff fee, with the exception of the tariff fee for the declared value;
According to Art. 37 of the Federal Law of the Russian Federation “On Postal Communications”, in case of non-fulfillment or improper fulfillment of obligations for the provision of postal services, the user of postal services has the right to file a claim with the postal operator, including a claim for compensation for harm.
For claims for postal items and postal money transfers sent (transferred) within one locality - within five days;
Claims for all other postal items and postal money orders - within thirty days.
Based on the foregoing, I demand, within thirty days from the date of receipt of the claim, to reimburse the cost of the parcel in the amount of ___ rubles __ kopecks.
Application:
Copy of the application dated July 29, 2016.
A copy of the tear-off coupon dated July 29, 2016.
Copies emails dated September 26, 2016.
A copy of the cash receipt dated June 07, 2016.
Copy of Form No. EA 386354156RU.
Postal tracking report.
If the postal operator refuses to satisfy the claim, or if it agrees to partially satisfy the claim, or if the postal operator does not receive a response within the time period established for considering the claim, the user of the postal service has the right to file a lawsuit in court for compensation for the losses caused, as well as compensation for non-pecuniary damage and legal costs.
Full name
Date Signature
Ref. No. ________ To the Arbitration Court of Moscow
115191, Moscow, st. B. Tulskaya, 17
Plaintiff: ZAO Garant-Expert
Address:……………………………………………………
Respondent: Federal State Unitary Enterprise Russian Post
131000, Moscow, Varshavskoe shosse, 37
"EMS Russian Post" - branch
Federal State Unitary
enterprises "Post of Russia"
119454, Moscow, Prospect Vernadsky, 18
Third person: ……………………………………
………………………………………………………
Price of the claim: 35,000 rubles
State duty: 2,000 rubles
Statement of claim
on the recovery of damage caused by the loss of cargo during transportation
"_____"___________ 201__ dated ……………………………….in the name of the Closed Joint Stock Company "" (hereinafter referred to as the plaintiff, ZAO Garant-Expert) at the address: 129301, Moscow, st. Kosmonavtov, d. 7 bldg. 2 received a postal item No. EA055711800RU, with a declared value of 35,000 (thirty-five thousand) rubles. Delivery was carried out by the carrier "EMS Russian Post" branch of the Federal State Unitary Enterprise "Russian Post" (Appendix No. 1).
When issuing a shipment to the plaintiff by an employee of the EMS Russian Post branch of the Federal State Unitary Enterprise Russian Post ……………………………. an Act of opening the shipment was drawn up, in which he indicated that there was nothing in the parcel (Appendix No. 2). Also, the courier “EMS Russian Post” ……………………………………………… was provided with an Act on the external condition of the defective item (container) No. ………. him with photographs (Appendix No. 3). According to this act, the parcel bag was found opened, the label and seal "Russian Post" were inside the bag itself, there is access to the attachment, the seals are not visible, the difference in weight is 42 grams. After the inspection, it was decided to draw up an act on the difference in weight s / m, p / o, close up access to the attachment (paste over) with adhesive tape with the Moscow EMS logo.
Thus, the fact of the loss of the cargo (departure) is recognized by the defendant and is not disputed.
In accordance with paragraph 1 of Article 793 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), in the event of non-fulfillment or improper fulfillment of transportation obligations, the parties shall bear liability established by the civil code, transport charters and codes, as well as by agreement of the parties.
By virtue of paragraph 1 of Article 797 of the Civil Code of the Russian Federation, before filing a claim against the carrier arising from the carriage of goods, it is mandatory to present a claim to him in the manner prescribed by the relevant transport charter or code.
A similar position is set out in Article 37 of the Federal Law of July 17, 1999 No. 176-FZ "On Postal Communication" (hereinafter referred to as the Law on Postal Communication), which establishes that in case of non-fulfillment or improper fulfillment of obligations to provide postal services, the user Postal services have the right to present a claim to the postal operator, including a claim for damages. Claims in connection with the loss of the postal item shall be submitted within six months from the date of submission of the postal item.
Written responses to complaints must be given within the following timeframes:
for claims for postal items and postal money transfers sent (transferred) within one locality - within five days;
for claims for all other postal items and postal money orders - within two months.
A claim to the organization of the federal postal service can be presented both at the place of receipt and at the place of destination of the postal item.
If the postal operator refuses to satisfy the claim, or if it agrees to partially satisfy the claim, or if the postal operator does not receive a response within the time period established for considering the claim, the user of postal services has the right to file a claim in court or arbitration court.
On December 28, 2011, a claim for reimbursement of the declared value of the lost postal item in the amount of 35,000 (thirty-five) thousand rubles (Appendix No. 4) was submitted to EMS Russian Post, a branch of the Federal State Unitary Enterprise Russian Post, along with the attached documents.
However, until today, EMS Russian Post, a branch of the Federal State Unitary Enterprise Russian Post, has not provided the plaintiff with a response to the claim.
Article 38 of the Law on Postal Communications provides that compensation for damage caused in the course of activities in the field of postal communications is made voluntarily or by decision of a court or arbitration court in the manner established by the legislation of the Russian Federation.
In accordance with Art. 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.
By virtue of paragraph 2 of Art. 796 of the Civil Code of the Russian Federation, damage caused during the carriage of cargo and baggage is compensated by the carrier in case of loss of cargo or baggage, from its declared value, in the amount of the declared value of the cargo.
Thus, damages in the amount of the declared value of the shipment, which is 35,000 (thirty-five) rubles, must be recovered from the defendant.
When filing a statement of claim by payment order, a state fee was paid in the amount of 2,000 (two thousand) rubles, which, in accordance with Article 110 of the Arbitration Procedure Code of the Russian Federation, is subject to collection from the defendant as court costs (Appendix No. 4).
Paragraph 5 of Article 36 of the Arbitration Procedure Code of the Russian Federation provides that a claim against a legal entity arising from the activities of its branch, representative office, located outside the location of the legal entity, may be brought to the arbitration court at the location of the legal entity or its branch, representative office.
In accordance with paragraph 4 of the Federal Law of November 14, 2002 N 161-FZ “On State and Municipal Unitary Enterprises”, a branch of a unitary enterprise operates on behalf of the unitary enterprise that created them. Responsibility for the activities of the branch and representative office of a unitary enterprise is borne by the unitary enterprise that created them
Based on the above, guided by art. 15, 793, 796, 797, 1064 of the Civil Code of the Russian Federation, Art. 38 of the Postal Law, Art. 4, 27, 29, 35, 36, 37, 110, 125, 126 of the Arbitration Procedure Code of the Russian Federation
"Post of Russia" in favor of the Closed Joint Stock Company "Garant-Expert" damage in the amount of 35,000 (thirty-five thousand) rubles.
Collect from the Federal State Unitary Enterprise
"Post of Russia" in favor of Closed Joint Stock Company "Garant-Expert" the cost of paying the state fee in the amount of 2,000 (two thousand) rubles.
Applications:
CEO ……………………..
At [name of court]
Plaintiff: [F. I. O., address, phone]
Respondent:
[name of company
Postal service]
[address, telephone, e-mail
Mail, TIN, OGRN]
[Day, month, year] [F. I. O. of the plaintiff] from [indicate the post office] to the address [F. I. O., address of the recipient of the postal item] a postal item with a declared value was sent. In accordance with the inventory of the attachment, the mailing contained: [name and value of attachments]. According to the receipt N [value], the declared value of the parcel was - [amount in numbers and words] rubles, the amount of the tariff fee - [amount in numbers and words] rubles.
According to Art. 16 of the Federal Law of July 17, 1999 N 176-FZ "On Postal Communication", postal operators are obliged to ensure the forwarding of written correspondence to users of postal services within the deadlines. Standards for the frequency of collecting written correspondence from mailboxes, the standards for its exchange, transportation and delivery, as well as the deadlines for its transfer are approved by the federal executive body authorized by the Government of the Russian Federation. The terms for the provision of other postal services are established by postal operators independently.
According to [insert as appropriate], the delivery time for a package from [departure] to [destination] is [time].
Note. The standards for the frequency of collection from mailboxes, exchange, transportation and delivery of written correspondence, as well as the deadlines for sending written correspondence, were approved by Decree of the Government of the Russian Federation of March 24, 2006 N 160.
The defendant did not deliver the postal item to the addressee within the deadline, which served as the basis for sending [day, month, year] a claim to the defendant's address with a request to search for the postal item. So far, the addressee has not received the mail.
According to Article 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation for losses in a smaller amount.
In accordance with Art. 34 of the Federal Law of July 17, 1999 N 176-FZ "On Postal Communication" for non-fulfillment or improper fulfillment of obligations for the provision of postal services or their improper performance, postal operators are liable to users of postal services. Responsibility of postal operators arises for loss, damage (damage), shortage of attachments, non-delivery or violation of deadlines for sending postal items, making postal money transfers, and other violations of established requirements for the provision of postal services.
Losses caused during the provision of postal services, in case of loss or damage (damage) of a postal item with a declared value, shall be reimbursed in the amount of the declared value and the amount of the tariff fee, with the exception of the tariff fee for the declared value.
Based on the foregoing, guided by Articles 16, 34 of the Federal Law of July 17, 1999 N 176-FZ "On Postal Communication", Articles 131, 132 of the Code of Civil Procedure, I ask:
1. Collect from [name of defendant] in favor of [F. AND. O. the plaintiff] losses in connection with the loss of the postal item in the amount of [amount in figures and words] RUB.
Application:
1. Copy of the statement of claim.
2. A document confirming the payment of the state fee.
3. Documents confirming the position of the plaintiff.
4. Power of attorney or other documents confirming the authority to sign the statement of claim.
[signature of the plaintiff's representative]
[day month Year]
Case No. 2-5082/2015
SOLUTION
IN THE NAME OF THE RUSSIAN FEDERATION
Volzhsky City Court of the Volgograd Region, consisting of:
presiding judge Dobrash T.The.
under Secretary Vyshlova O.V.
"."..G. in the city of Volzhsky
examined in open court a civil case under the claim Veldina D.C. to the Federal State Unitary Enterprise "Russian Post" on the protection of consumer rights,
SET UP:
Veldin D.S. filed a lawsuit against the Federal State Unitary Enterprise "Post of Russia" on the protection of consumer rights. In support of the claim, stating that "."..g. for personal use via the Internet - the store purchased two cell phone <...>, having previously transferred by non-cash payment funds in the amount<...>ruble at the exchange rate at that time to the US dollar. "."..G. the parcel was sent from the USA, "."..g. passed the customs clearance in Russia, but so far the plaintiff has not received the parcel. "."..G. Veldin D.S. wrote a claim to the Federal State Unitary Enterprise "Post of Russia" on the fact of the loss of the parcel. "."..G. the plaintiff's email address received a response from the defendant, later "."..g. by mail, the plaintiff received a response from the Volga Post Office of the Federal Post Office of the Volgograd Region, a branch of the Federal State Unitary Enterprise Russian Post, stating that the mail item No. No. ... was indeed lost on the territory of the Russian Federation, the Federal State Unitary Enterprise Russian Post sincerely regrets what happened, but compensate harm refused. He asks to recover from the Federal State Unitary Enterprise Russian Post in favor of Veldin D.S. the amount of losses on the provision of postal services in the amount of<...>rubles; penalty in the amount<...> <...> <...>rubles, a fine.
Claimant Veldin D.S. at the hearing did not appear, the hearing notified, submitted an application for consideration of the case in his absence.
The representative of the plaintiff Sheripov C.A. at the hearing claims supported, asked to meet in full.
The representative of the defendant FSUE «Post of Russia» Chebotareva AND.B. at the hearing the claims are not recognized, asked to satisfy the claim denied.
Representative of the 3rd person of the Federal Customs Service of Russia Budko I.S. at the hearing did not object to the satisfaction of claims.
The court, after hearing the parties, examining the written materials of the case, comes to the following conclusion.
According to part 2 of Art. 4 of the Federal Law "On Postal Communication" of July 17, 1999 N 176-FZ, relations in the field of international postal communications can be regulated by decisions of international postal organizations, of which the Russian Federation is a member.
Part 5 of Article 34 of this Law also provides that the issues of liability for the loss or damage (damage) of international postal items are regulated by the legislation of the Russian Federation and international treaties of the Russian Federation.
The Russian Federation is a member of the Universal Postal Union, whose congress in Geneva on August 12, 2008 adopted the Universal Postal Convention, which entered into force on January 1, 2010.
The liability of designated operators - any state or non-state organization officially appointed by a member country to operate postal services and fulfill the obligations relating to them arising from the Acts of the Union, in its territory (clause 1.8, article 1 of the Convention) - for loss, theft or damage registered items, ordinary parcels and insured items is provided for in article 21 of the said Convention, which does not exclude the possibility of imposing liability for the loss of postal items on both the designated operator of the country of origin and the designated operator of the country of destination, and also does not exclude the possibility of presenting relevant claims both the sender and the addressee (paragraphs 10 - 11.2 of article 21).
According to Art. 24 of the same Convention, subject to the right of action against the responsible designated operator, the obligation to pay redress and refund the tariffs and charges rests, as the case may be, with the designated operator of the country of origin or the designated operator of the country of destination.
Within the meaning of the provisions of Article 34 of the Federal Law "On Postal Communications", which regulate the liability of Russian postal operators and, by virtue of Part 5 of this article, are to be applied to the relations of the parties, along with international treaties of the Russian Federation, postal operators are liable to compensate for losses caused by them during provision of postal services, including in case of loss or damage (damage) of the postal item.
At the hearing found that "."..g. Veldin D. purchased two cell phones "<...>» at<...>by paying $<...>USD and $<...>USD, which corresponds<...>rubles<...>pennies and<...>rubles<...>kopecks including commission.
A printout from the Internet service of the Federal State Unitary Enterprise Russian Post confirms that "."..g. parcel No.... addressed to Veldin D. was sent from the USA, "."..g. arrived in Moscow by EMS MMPO. "."..G. the parcel was accepted at customs, customs clearance was carried out.
As follows from the invoice No. ... of the Sheremetyevo customs, parcel No. ..., which arrived from the USA for Veldin D., is listed under the number No. .... Received for customs clearance and customs control at 02.20 o'clock "."..g., x-ray control passed at 02.30 "."..g., customs clearance and customs control ended at 04.00 hours "."..g.
"."..G. Veldin D.S. filed an application for the search for an international parcel No. ....
As follows from the message of the AFPS of the Volgograd region - a branch of the Federal State Unitary Enterprise "Post of Russia" No. No. ... from "."..g. that the departure number ... from "."..g. was lost on the territory of the Russian Federation.
According to Art. 20 of the Federal Law "On Postal Communication", paragraphs. "b" clause 47 of the Rules for the provision of postal services, postal operators are obliged to ensure the safety of postal items and funds received from users of postal services.
Based on Art. 34 of the Law "On Postal Communication" for non-fulfillment or improper fulfillment of obligations for the provision of postal services or their improper fulfillment, postal operators are liable to users of postal services. Responsibility of postal operators arises for loss, damage (damage), shortage of attachments, non-delivery or violation of deadlines for sending postal items, making postal money transfers, and other violations of established requirements for the provision of postal services.
Losses caused during the provision of postal services are reimbursed by the postal operator in case of loss or damage (damage) of a postal item with a declared value - in the amount of the declared value and the amount of the tariff fee, with the exception of the tariff fee for the declared value.
At the hearing, it was established that the defendant of the Federal State Unitary Enterprise Russian Post allowed improper fulfillment of obligations to provide postal services to the plaintiff, therefore the claims are subject to satisfaction.
Relations from contracts for the provision of postal services are regulated by a special Federal Law of July 17, 1999 N 176-FZ, the provisions of which (Article 34) contain a list of measures of responsibility of the postal operator; the collection of a penalty is provided for by the specified norm in case of violation of the deadlines for sending postal items and making postal money transfers for personal (domestic) needs of citizens; the amount of this penalty is three percent of the fee for the postal service for forwarding for each day of delay, but not more than the amount paid for this service. Claims for the recovery of a penalty from the total price are based on the provisions of Art. (as amended on 07/18/2019) > "> Chapter II. Protection of consumer rights when selling goods to consumers > Article 23. Responsibility of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) for the delay in fulfilling consumer requirements" target="_blank" >23 of the Law of the Russian Federation of 07.02.1992 N 2300- "On the Protection of Consumer Rights" (special part of the Law), therefore the court agrees with the plaintiff's claim, recovers 40,052 rubles in his favor.
In resolving the plaintiff's claims for compensation for non-pecuniary damage, the court proceeds from the fact that, by virtue of the Law of the Russian Federation "On the Protection of Consumer Rights", which applies to disputed legal relations, the improper provision of postal services by the defendant to the plaintiff was confirmed during the trial, and already indicated in By virtue of Article 15 of the said Law, it implies the infliction of moral damage to the latter.
DECIDED:
Claims Veldina D.C. to the Federal State Unitary Enterprise "Post of Russia" on the protection of consumer rights - partially satisfied.
recover from FSUE Russian Post in favor of Veldin D.S. the amount of losses on the provision of postal services in the amount of<...>rubles; penalty in the amount<...>rubles, compensation for non-pecuniary damage in the amount of<...>rubles, the costs of paying for the services of a representative in the amount of<...>rubles, a fine of<...>ruble, to satisfy the rest of the claims for compensation for non-pecuniary damage - refuse.
To recover from the Federal State Unitary Enterprise "Post of Russia" in the income of the budget of the city district - the city of Volzhsky, Volgograd Region, a state fee in the amount of<...>ruble<...>kopecks.
The decision can be appealed to the Volgograd Regional Court within a month from the date of the court's decision in final form.
Referee: T.V. Dobrash
Referee: T.V. Dobrash
Court:
Volzhsky City Court (Volgograd Region)Plaintiffs:
Veldin D.S.Respondents:
FSUE Russian PostOther persons:
Sheripov S.A.Judges of the case:
Dobrash Tatyana Valerievna (judge)Litigation on:
Moral damage and its compensation, compensation for moral damageJudicial practice on the application of the norms of Art. 151, 1100 of the Civil Code of the Russian Federation