How to file a claim with a transport company. A claim to the freight forwarder for damage to the cargo. Claim deadline

Cargo transportation is a rather demanded service today. Almost every person at least once in his life had to use the services of cargo transportation: when changing a place of residence, transporting luggage or when selling bulky goods.

However, even such a simple service may not be carried out according to the rules. As a result, the cargo may be damaged or not at all subject to recovery. In such situations, the customer has the full right to write a claim addressed to the carrier company.

At the moment, in accordance with the law, the correspondence of claims is mandatory and is an integral part of resolving the conflict in the pre-trial procedure.

How to draw up a claim letter to the carrier about the damage to the product?

First of all, when drawing up a claim, you need to state the circumstances of the case. To do this, describe in detail the act of acceptance of the cargo that was damaged.

In order to speed up the process of proceedings as much as possible, experts recommend confirming your words with appropriate photographs. That is why, if you have the opportunity to take several pictures, attach them and the acceptance certificate to the claim.

Based general rules drawing up business documentation, the claim must contain the following points:

  • Details of the addressee and the applicant (the parties who have entered into an agreement between themselves regarding the carriage of goods);
  • Date of receipt of the cargo;
  • Place of receipt of the cargo;
  • Cargo price;
  • Circumstances of detecting breakdowns in the delivered cargo;
  • The degree and nature of breakdowns;
  • Date, personal signature.

In addition to everything, you can notify the addressee of your intentions to go to court if the issue is not resolved in a claim procedure. As a rule, this item significantly helps to speed up the process of conflict settlement.

Do not forget that you need to make a second copy of the document or make a photocopy of the first copy. This is necessary so that in the claim, which will eventually remain in your hands, the employee of the organization leaves a mark on the acceptance of the claim, consisting of the date, signature with a decryption, position and initials.

In situations where it is not possible to personally deliver the claim to the addressee, the document must be sent by mail by registered mail with a list of contents and notification of arrival at the addressee.

What must be done before filing a claim for damage to goods during transportation?

According to the law, an act on the receipt of damaged or damaged goods must be drawn up at the request of one of the parties. The second party, in turn, has no right to ignore this requirement or refuse it. Employees of the organization should contribute to resolving the issue, regardless of whether they agree with the claims made or not.

A company that provides cargo transportation services acts as a subject if the client who applied to the transport company did this:

  • On their own initiative;
  • Through the office of the organization;
  • I ordered a car.

In practice, you can find situations when the manager of a store in which a large-sized product is being sold pays for services transport company... In this case, employees of another organization are responsible for delivery, and the consumer only receives delivery of the goods at the expense of point of sale... When drawing up an act, pay attention to this aspect and address the claim to the subject or his contractor.

According to the rules, a claim to the transport company is drawn up on the basis of an act and a number of other documents. These may include photos of confirmation of cargo damage. That is why the first thing to do when detecting breakdowns in the delivered cargo, take a photo. It is desirable that the frames reflect the date, time and form of the act. In this case, the photos will serve as an excellent proof of the guilt of the shipping company.

In order to avoid an unpleasant situation when the signature for the received cargo was put, but in fact you found breakdowns, carefully study all the documents. Remember that it will be much more difficult to prove anything if you have already signed for the accepted goods.

How to obtain compensation for damage to the cargo if the carrier did not satisfy your claim?

If you ignore or refuse to satisfy the requirements specified in the claim, you have the right to file a claim against the carrier in an arbitration court. In the event of resolving issues regarding the carriage of goods, exclusive jurisdiction applies. This means that the claim must be made at the location of the carrier of the cargo.

In the claim, the applicant describes the circumstances of the discovery of damage to the cargo. In the same part, it is necessary to indicate the link documentation, which confirms the fact of the breakdown of the cargo, and the degree of damage.

It is also necessary to include information in the narration about how the parties decided this question in the pre-trial order.

The claim itself must be accompanied by all accompanying documentation regarding the case, namely:

  1. A copy of the agreement regarding the carriage of goods (if there is none, you can request it from the carrier);
  2. Shipping documentation for the transported property;
  3. Damage report;
  4. A copy of the claim to the carrier and the response to it.

Don't forget to pay the state fee. Its size will depend on the total amount of the stated requirements.

Using the services of a transport company, you have to take risks: your cargo can be stolen, damaged, spoiled during transportation.

The transport organization is responsible for the safety of the goods transferred to it in all respects. If you are not satisfied with the delivery of the goods, or if you are not satisfied with its terms, then you have every right to contact the carrier company with a complaint for damages.

In accordance with the current legislation, this pre-trial procedure is mandatory. And it must be respected before you decide to file an application with the court.

A claim against the transport company can be filed both for damage and loss of cargo, and for the fact that the delivery and delivery of goods has been violated.

Deadline for filing a complaint

It takes a lot of time to deliver the cargo, there are times when you have to wait for it for months. Luggage can be idle in warehouses, migrate from one vehicle to another, and it is not known in what condition it can be delivered. And its integrity can be determined only upon arrival "home".

According to transport codes and statutes, complaints against the carrier must be submitted within 6 months, claims in relation to fines and penalties within 45 days.

So:

  • If your cargo is lost, then you can file a complaint after 30 days from the time it was delivered;
  • When transporting cargo by air - 10 days after the expiration of the delivery period;
  • If the cargo was delivered by direct mixed traffic, then the claim is made 4 months after the date of its acceptance for transportation;
  • When the delivery of the cargo is delayed, or it is damaged / partially lost, then a complaint should be filed on the day it was issued.

If you did not meet the deadline, then the company can even accept your claim, in the event that the reason for which this deadline was missed is considered valid.

The law determines that to consider your claim and give an answer to it, the carrier company must after thirty days have passed from the moment the complaint was filed with the relevant organization. If the answer has not been received within the specified period, then you can safely go to court.

We make a claim

Complaints to transport organizations are drawn up in the same way as any other similar documents.

The data of the parties who have concluded a contract of carriage between themselves are indicated, you should briefly mention the responsibilities of the relevant organization and then describe in detail the situation that happened with your cargo.

Determine the amount of damage and set the time limits for which the carrier company must compensate for losses.

In addition, it should be indicated that if your requirements are not met, then you will go to court with a claim.

The complaint is made up in two copies, one is sent to the relevant company, the second is left with you. And if, after 30 days after filing the complaint, no response has been received, then it will be useful to connect a lawyer and go to court.

Below is a sample form and a sample transport claim, a version of which can be downloaded free of charge.

A claim against a transport company (TC) is a document that is easy to draw up. He will help you get your money back for damaged cargo or poorly rendered service. Of course, each case is individual - you need to figure out who is right and who is wrong. Now it has become much easier - most transport companies insure their transportation. TC transferred part of the responsibility to insurance companies, respectively, the cost of transportation increased slightly (all large transport companies PEK, Business Lines, Baikal-Ssrvis, Energia, SDEK, etc. voluntarily insure their transportation). The payment for all this falls on the shoulders of the clients. Nevertheless, the procedure for resolving insurance claims for people and carriers has become easier. In any case, you need to start with a claim to the transport company.

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A claim against a transport company: legal basis

The first and most important document for the carrier and the customer is the service agreement between them. It is in it that all the features of the customer's claim activities and the carrier's rights should be indicated:

  • grounds for drawing up claims against the carrier;
  • mandatory documentary evidence of the fact;
  • the procedure for submitting claims;
  • time and duration of consideration;
  • grounds for refusal.

A claim under a transport lease agreement for transportation does not have to be included in the text of the agreement, since there is a direct rule of the Civil Code - Article 797. It describes the circumstances of the submission of the document to the executor of the order, the deadline for submission, the grounds.

Car rental and delivery of goods to a consumer - physical or legal entity Is the direct fulfillment of the contractual relationship.

An important component of the legislative support of consumer rights is a government decree that regulates the rules for the carriage of goods in road transport.

In addition to these laws, you should use the following norms:

  • transport maritime (articles 402-413) and inland water (161 articles) codes;
  • articles 120-123 of the Charter railway transport (has the force of law);
  • articles 126-128 of the Air Code of the Russian Federation.

Complaint against a transport company: who has the right to file

The consumer of services - the customer - has the right to submit a claim for refund. In this case, a claim under a contract for the provision of transportation services is a mandatory initial document for judicial collection.

When can a company claim be filed with a carrier

In any of the cases of violation of contractual obligations and legal norms, which give the right to receive in full transport services.

You can and should complain about a poor-quality service and get compensation.

Damage

For damage, intentional or unintentional damage to the goods, the carrier is responsible. In this case, the damage will be recognized as a violation of the contract.

The party that damaged the goods is obliged to compensate for its cost. A damaged suitcase, refrigerator or phone must be returned after a full repair or paid market value for him.

A loss

You can write a complaint about not actually provided transport services in case of loss of the shipped cargo. Loss of cargo is equivalent to the seizure of property from the owner, therefore, it is subject to compensation.

Delay

The delay in the delivery of the cargo by the transport company cannot exceed the period specified in the contract. If such a delay is not justified by force majeure, the transport company must be notified of the delay immediately.

If the delivery has been delayed due to the fault of the contractor, the customer has the right to file a claim with the carrier, and then with the court.

Shortage or underdelivery

Shortage is quite common. This can happen due to negligence or deliberate unlawful actions of the carrier's employees, who expected that the recipient would not report the shortage of goods.

Submitting substantiated complaints, drawing up a letter of claim, in this case is mandatory.

They brought something wrong

It is also necessary to draw up a claim in the event of receipt of goods that were not ordered. This could be a logistic error. Could confuse the goods at issue and a specific operator.

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Where to complain if the shipping company ignores the requirements

Where is the complaint sent if appeals are completely ignored? There are several options, the last of which could be a trial.

To Rospotrebnadzor

You can submit an application to Rospotrebnadzor. Like other control services, he has the right to impose sanctions.

Transport prosecutor's office

The transport prosecutor's office considers complaints related to the operation of land, air and sea (river) transport. The prosecutor's office can open a case and act as a prosecutor in court.

Sample

A complaint-statement to the prosecutor's office, a sample of which can be viewed at the link, should be registered in person or through a lawyer, in the appeals department.

Lawsuit

If all else fails and the response time from the service provider has expired, write a statement to the court to recover compensation.

Arbitrage practice

The plaintiff often takes a long time to decide whether to file a claim or not.

Judicial practice says that in most cases, such cases are won. To win in court session a package of documents confirming the facts is required.

How to write a claim letter to a transport organization

If the decision is made to start the claim work, and the goods are delivered with defects, the question arises before the originator: how to write a claim to the transport company so that it is read and taken into account?

What is included in the text? We list the positions that are written out in various legislative documents and are most often used in practice:

  • the specific place and time of drawing up the document;
  • Full name of the individual customer or the full name of the company, indicating the registered address;
  • Full name of the individual executor or the legal name and location of the company executing the transportation order;
  • a statement of facts that indicate a violation;
  • claims, documentary justification of damage, including the calculation of a specific amount for compensation;
  • a list of documentary data in written or electronic versions, which are attached;
  • the signature of the complainant.

An example of a claim from a transport company for poor quality services is given below.

Sample claim of TK Energia

Form of a claim-statement to TC "Energia" - see below.

Freight damage claim: sample

Reporting a damaged cargo is a fairly simple document, but it has its own characteristics. It is advisable to submit a message to the transport company about damage to the cargo in a form that displays all the basic data.

Shipping company claim for loss of cargo: sample

IN practical work firms can use a sample claim for the loss of cargo, its complete loss. It is necessary to indicate in it the requirement that it is necessary to compensate for the loss in full or according to an agreement with additional payments.

Shipping company claim for delayed delivery: sample

For a sample complaint about intermittent delivery, delays and late shipments, see here.

Vehicle Downtime Claim: Sample

How to file an appeal of a non-executive carrier for idle time vehicle, you can find out from a sample of such a document. In this case, the idle time of vehicles must be indicated with the designation of specific dates and supporting documents.

Claim under the freight forwarding agreement: sample

If the forwarding of goods is of poor quality, such forwarding customer service can be appealed by filing a document with the company providing transportation services.

Deadlines for filing and considering a claim

As with the resolution of labor disputes, in most cases the deadline for filing complaints is a calendar year. This period is determined for road, sea and water transportation.

For rail transportation, the claim period is 6 months. If we are talking about the loss of baggage - 30 days from the time of the maximum delivery time. The same period - 6 months - for air transportation.

How to serve

Such a complaint is drawn up and submitted either by the consumer of the service or by his legal representative. The law does not strictly stipulate who has the right to act on behalf of the applicant.

The nuances of filing via the Internet

Sometimes a complaint made by the client and accepted by the company is enough via Internet communication. In most cases, we are talking about a website or e-mail firms. An important nuance is that it is advisable to submit such an application indicating the details: phone number, address and other contact information (order number), which will allow you to quickly check everything that is stated in the appeal.

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Useful video

How to use the legal system competently and obtain compensation for damaged goods? This will require sometimes using the entire arsenal of beliefs and gradually increasing pressure on the company that did not perform the service.

The last resort is to go after an unsatisfactory court decision to filing an appeal. The court of appeal may also fail to see all the circumstances of the case and may require a cassation appeal. If we are talking about high costs, this is justified.

When it comes to relationships commercial companies, the delay in receiving the goods affects the profitability, rhythm of work. Therefore, it affects the tax policy of the company and the ability to carry out all accounting entries on time: for federal taxes and fees, for transport tax, social benefits.

Postings on receipt of goods should be done with a breakdown, insuring the company against non-receipt of goods by the carrier-supplier.

You should be aware that it is best to end the tax period with the payment of all planned transactions, including transport tax, social deductions. To make this happen without any problems, you should reserve the amount necessary to cover the costs, excluding the undelivered goods.

In this video, you will hear tips on how to stand up for your right to receive the due money on a claim and achieve your result.

Conclusion

Making a claim for transportation is not a troublesome business, but requires knowledge.

Major service providers in federal leveltransport companies such as CDEK, Delovye Linii, and PEK are not particularly afraid of the court. Reputation is much more important to them.

Regional carriers in megacities (Moscow, St. Petersburg), as well as local market players such as Yekaterinburg KIT or small firms at the city level - Samara, Vladimir - are focused on protecting legal interests. Lawsuits are more important to them. That is why, when making such a statement to the carrier, you should make sure that the text is effective. He has to hit the most vulnerable spots of the non-performing partner.

A special case is the responsibility for the carriage of goods by road intercity, buses, minibuses. However, the all-Russian rules for the protection of the consumer's right to provide quality services also apply here.

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Sample claims to the shipping company

ATTENTION! View the completed sample claim to the shipping company for the loss of cargo:

You can DOWNLOAD samples of claims to the shipping company using the links below:

How to write a claim correctly

The transport company is responsible for the integrity and safety of the delivered cargo. In case of violations, the customer has the right to write a complaint and receive compensation for the inconvenience. In addition, the transport company is obliged to compensate for the losses. If the manager refuses to fulfill his duties, the customer can file a claim in court.

Important! When concluding a supply contract, the transport company becomes liable to the client. In case of untimely delivery of goods or damage during transportation, the carrier is obliged to compensate for the losses and pay compensation for the inconvenience.

Upon receipt of the goods, the customer checks the integrity of the packaging, the accuracy and correctness of the documents, as well as the conformity of the items of the inventory with the actual availability.

Verification work is carried out in the presence of an employee of the transport company, after which an acceptance certificate is drawn up. It reflects information about the condition of the cargo. If inconsistencies or damage are found, the client has the right not to accept the goods or write a claim to the address of the vehicle manager.

The complaint must contain the following information:

  • place and date of delivery of the cargo;
  • information about the recipient, his passport data, registration address;
  • the price of the delivered cargo, which is reflected in the official documentation;
  • information about the condition of the cargo, the presence or absence of damage;
  • for what reason the cargo was damaged, if known.

The claim is signed by both parties, the date of its preparation is put down. It reflects the information that if the head of the transport company does not want to peacefully resolve the conflict, the customer will be forced to go to court.

The document must be drawn up in two copies. One remains with the customer, the second is sent to the name of the head of the carrier. The client's document is signed by the person entitled to respond on behalf of the transport company, confirming the acceptance of the complaint.

If for any reason the carrier does not want to accept the claim, a copy should be sent by registered mail. The notification will serve as evidence that the organization has received the complaint.

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Required documents as an attachment

For a reliable reflection of the problem, documents should be attached to the written claim, which will serve as proof of the fact of damage to the cargo or violation of the delivery time.

These include:

  • the contract concluded between the carrier and the customer for the delivery of goods;
  • check, receipt confirming payment for the service rendered;
  • the acceptance certificate, which reflects the reasons for the client's refusal to accept the goods.

Please note! In addition to documents, you can attach a photo or video file, which records the existing damage. Shooting should be carried out in the presence of the delivery man so that he gets into the camera lens.

When can a document be submitted

When ordering the "cargo transportation" service, not all clients think that unforeseen circumstances may occur on the way. The product deteriorates, the service is delayed. As a rule, when drawing up a contract, the nuances are negotiated in advance.

In this case, the transport company does not bring the matter to court proceedings, but tries to resolve the conflict peacefully. However, under any circumstances, if a malfunction is found, it is worth writing a claim.

The rule is regulated by Art. 797 of the Civil Code Russian Federation... In accordance with the legislation of the Russian Federation, the customer is obliged to try to independently agree with the head of the transport company on compensation for losses by submitting a written claim.

If it is not possible to agree peacefully, you should go to court with a statement of claim.

The claim is made for clean slate, without blots and damages. The text reflects the essence of the problem and is written in literate, understandable Russian. Signed by both parties.

Upon receipt of the cargo, first of all, the integrity of the package is inspected, after which it is opened and the contents are checked. An act of acceptance and transfer is drawn up, which reflects all the nuances of delivery, damage, inconsistencies in the inventory.

In accordance with current legislation, the client has the right to refuse to accept the goods or draw up a document on damage and the need for compensation for losses in the following cases:

  • the integrity of the packaging is broken;
  • inconsistency of the contents of the presented inventory;
  • delivery was made with a delay, which is confirmed by the delivery contract;
  • content is spoiled, damaged, or inoperative.

Deadlines for filing a claim with the transport company

The deadline for filing a claim depends on important factors.

Attention! First of all, they include:

  • the reason why the delivery of the goods was carried out with violations;
  • what kind of transport was the cargo delivered;
  • pre-agreed terms of the supply agreement.

Before serving statement of claim a claim should be written to the court addressed to the head of the transport company. Otherwise, the claim will not be accepted for consideration.

It is important to comply with the statute of limitations so that it does not happen that the head of the company, having received a claim, refuses to reimburse losses, and in accordance with the law, the client does not have the right to file a claim due to the expiration of the due period for filing a complaint.

Normative legal acts adopted by the Government of the Russian Federation regulate clear terms during which the customer has the right to file a claim:

  • 30 days from the moment the deficiency was discovered - loss of cargo;
  • 10 days from the moment of detection of the loss of cargo during transportation by air;
  • 120 days from the date of detection of loss of goods in transit different kinds transport;
  • 180 days from the moment of detection of damage to the cargo;
  • 3 months from the end of the delivery period provided for by the contract.

If the client has discovered defects, damage to the cargo, he has the right to recover the amount of losses incurred. To do this, you must file a complaint within six months from the moment the deficiencies were discovered. If the customer, in addition to losses, wishes to recover the amount of the forfeit, the complaints must be sent within 45 days.

The representatives of the transport company are required to consider a written complaint within one month. The rule is stipulated in the Federal Law of the Russian Federation N 59 of May 2, 2006 "On the timing of consideration of citizens' applications."

With the delivery of goods on international lines, the terms are slightly different. The customer is obliged to submit a written complaint within 21 days if a violation of the delivery time is found. However, if the cargo was lost during transportation, the client has the right to file a claim within one and a half years.

How to file a claim with the TC

Remember! If deficiencies in the cargo are found, the customer has the right to submit a written claim in several ways.

These include:

  • personal appeal. The applicant draws up a complaint in two copies and applies to an authorized employee of the company. When accepting a claim, the person in charge puts a mark of acceptance on the client's copy. Otherwise, when filing a statement of claim in court, the document has no legal force. The paper is certified by signature, decoding, date of acceptance, as well as the seal of the company, if any;
  • mailing. If the customer has no time to personally contact the transport company, he has the right to send a claim by registered mail with a receipt notification, which will later serve as proof of delivery of the letter to the addressee. This method should be used when the head of the company refuses to accept the complaint and sign a copy of the client, and also if the TC itself is far from the customer;
  • in some cases, during legal proceedings, company representatives claim that there was no claim in the letter, but something else was sent. To avoid such proceedings, you should send a letter with an inventory.

In addition to the above methods, there are other options for filing a complaint that you should use for your safety:

  • filing a claim in front of witnesses. This method guarantees acceptance of the complaint. However, if the company's employees refuse to put an impression on the client's copy, an act is drawn up in which the violation by the company is recorded, which confirms the signature of the witness;
  • presentation of a complaint by a notary. A notary is a person who has the right to act on behalf of the client. He is authorized to certify violations by the transport company. For large amounts of damages, this method of filing a claim should be used. A notary independently addresses a company that has violated the rights of a citizen. If her representative refuses to accept the complaint, he will independently certify the refusal document. It has high strength in litigation;
  • leave a review in the book of complaints. This method cannot be considered as a legally competent option for filing a complaint. However, it does take place. It is impossible to prove your case in court. However, it is quite possible that the company's management does not know about the fact of the violation, and after viewing the book, it will pay attention and try to resolve the conflict.

However, if the client wants to use this option as a way of filing a written complaint, the recording should be recorded on a camera, video camera. It is imperative to reflect the first page, the page with the complaint, as well as the place of writing and the employee of the company. Otherwise, it is impossible to prove the fact of filing a claim in court.

Watch the video. How to write a claim correctly:

Making a complaint online

If the transport company through which the client ordered the delivery of the goods is large, as a rule, it has its own website. Online stores also regulate the delivery of goods. There is a section for receiving complaints from customers.

A special form is provided that can be printed later. Additional documents are attached to it in in electronic format, photos, videos. As a rule, an online complaint is considered quickly, ahead of the due date for consideration of citizens' appeals.

Important! However, most often, the employees of the transport company do not want to answer the client for such a claim. But if you print a sample and contact a specialist for its certification, you can safely go to court or Russian consumer supervision.

Where else can you complain

In addition to the management of the transport company, the courts can complain to other regulatory authorities.

You need to choose a unit based on the type of transport used for the carriage of goods:

  • state inspection of safe road traffic;
  • transport prosecutor's office;
  • russian consumer supervision;
  • other authorized agencies.

Such authorities will accept claims and consider them within thirty days from the date of filing. If the complaint is of a financial nature, representatives of the department initiate a civil dispute. However, further investigation should be carried out independently, without resorting to the help of these specialists.

In case of resolving financial disputes, collecting the amount of the penalty, the customer, whose rights have been violated, should go to court. If the amount of the claim is less than 50 thousand rubles, then the application is submitted to the magistrate, if the cost of the claim is more than 50,000 rubles, then the application is submitted to the district court.

In fact, the applicant does not want to punish the management of the transport company, but is trying to recover from him the amount of damages or compensation for the inconvenience.

Appeal to the judicial authority

Attention! If it is not possible to peacefully resolve the conflict with the transport company, it is worth filing a statement of claim in court. To do this, you should correctly draw up the document.

It without fail contains:

  • name, actual address of the court;
  • applicant's data (full name, registration address, contact phone number);
  • data of the representative, if the complaint is submitted through an authorized person;
  • name of the respondent company, actual, legal address, Full name of the head, contact details;
  • the text in which the problem is reflected, as well as under what circumstances the rights of the citizen were violated;
  • the amount of the claim, as well as on the basis of what exactly such a price was formed;
  • under what circumstances the violation of rights was discovered;
  • evidence in the case presented by the list;
  • date of writing the application and signature of the applicant.

ATTENTION! Look at the completed sample of the claim for the recovery of damages caused by damage to the cargo:

From:
Address: ,
INN:
Telephone:

Claim amount: RUB

Claim

In accordance with the consignment note No. from the city, the freight forwarder has undertaken obligations to organize the delivery of the cargo (hereinafter referred to as the Cargo) by transport from to within the period from the city to the city. Consignor:, consignee:. Cargo weight, volume, number of places. The cost of the cargo is RUB. (), which is confirmed by the document -.

The shipment was transferred to the Respondent without declaring value.

G. the freight forwarder was paid remuneration in the amount of RUB. (), which is confirmed by the document -.

The cargo was received by the addressee in a completely damaged form: as evidenced by the document -.

Based on art. 803 of the Civil Code of the Russian Federation , clause 1 of Art. 6 of the Federal Law of 30.06.2003. No. 87-FZ "On freight forwarding activities" for non-fulfillment or improper fulfillment of obligations under the expedition agreement, the forwarder shall be liable on the grounds and in the amount determined in accordance with the rules of Chapter 25 of the Civil Code of the Russian Federation. If the freight forwarder proves that the violation of the obligation was caused by improper performance of the carriage contracts, the freight forwarder's liability to the client is determined according to the same rules according to which the respective carrier is responsible to the freight forwarder.

By virtue of p. 1, 2, Art. 393 of the Civil Code of the Russian Federation the debtor is obliged to reimburse the creditor for losses caused by non-performance or improper performance of the obligation. Losses are determined in accordance with the rules provided for in Art. 15 of the Civil Code of the Russian Federation.

According to art. 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, if the law or the contract does not provide for compensation for losses in a smaller amount.

Losses are understood as expenses that a person whose right has been violated has made or will have to make in order to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil turnover if his right was not violated (loss of profits).

According to clause 1 of Art. 7 of the Federal Law of 30.06.2003. No. 87-FZ "On freight forwarding activities" The freight forwarder is liable to the client in the form of compensation for real damage for the loss, shortage or damage (damage) of the cargo after its acceptance by the forwarder and before the delivery of the cargo to the recipient specified in the contract transport expedition, or to a person authorized by him, if he does not prove that the loss, shortage or damage (spoilage) of the cargo occurred due to circumstances that the forwarder could not prevent and the elimination of which did not depend on him, in the following amounts:

1) for the loss or shortage of cargo accepted by the forwarder for carriage with a declaration of value - in the amount of the declared value or a part of the declared value proportional to the missing part of the cargo;

2) for the loss or shortage of cargo accepted by the forwarder for transportation without declaring value - in the amount of the actual (documented) value of the cargo or its missing part;

3) for damage (spoilage) of cargo accepted by the freight forwarder for carriage with a declaration of value - in the amount by which the declared value has decreased, and if it is impossible to restore the damaged cargo - in the amount of the declared value;

4) for damage (spoilage) of cargo accepted by the freight forwarder for carriage without declaring value - in the amount by which the actual (documented) value of the cargo has decreased, and if it is impossible to restore the damaged cargo - in the amount of the actual (documented) value of the cargo.

Losses in the form of compensation for real damage for damage to the goods are RUB. () due to the impossibility of its restoration.

Clause 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 No. 17 "On the consideration of civil cases by courts in disputes on the protection of consumer rights" it is established that when resolving consumer claims, it is necessary to take into account that the burden of proof of the circumstances relieving from liability for non-fulfillment or improper fulfillment of an obligation, including for causing harm, lies with the seller (manufacturer, performer, authorized organization or authorized individual entrepreneur, importer) (Clause 4 of Article 13, Clause 5 of Article 14, Clause 5 of Article 23.1, Clause 6 of Article 28 of the Law on the Protection of Consumer Rights, Article 1098 of the Civil Code of the Russian Federation).

According to art. 15 of the Law of the Russian Federation "On Protection of Consumer Rights" No. 2300-1 dated 07.02.1992. non-pecuniary damage caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer protection, is subject to compensation by the causer of harm in the presence of his fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.

The defendant, by his actions, caused the Claimant moral damage, which is estimated at RUB. ().

Based clause 1 of Art. 12 of the Federal Law of 30.06.2003. No. 87-FZ "On freight forwarding activities" prior to filing a claim with the freight forwarder arising from the freight forwarding agreement, it is mandatory to file a claim with the freight forwarder, with the exception of filing a claim in the provision of forwarding services for personal, family, household and other needs not related to the client's entrepreneurial activities.

Based on the foregoing, I ask you to voluntarily satisfy the requirements specified in this claim. Otherwise, I will have to go to court for the restoration of violated rights with the imposition of all legal costs on you.

I remind you that according to clause 6 of Art. 13 of the Law of the Russian Federation "On Protection of Consumer Rights" No. 2300-1 dated 07.02.1992. when the court satisfies the consumer's requirements established by law, the court collects from the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) for non-compliance on a voluntary basis with the satisfaction of the consumer's requirements, a fine of fifty percent of the amount awarded by the court in favor of the consumer.

Based clause 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation "On consideration by courts of civil cases in disputes on the protection of consumer rights" No. 17 of 28.06.2012. the fine is collected in favor of the consumer.

Applications:

Copy of invoice No. from.

 

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