How to file a claim with a transport company. Claim to the forwarder for damage to the goods. Deadline for filing a claim

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

However, even such a simple service can be carried out not according to the rules. As a result, the cargo may be damaged or not recoverable at all. 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, claim correspondence is mandatory and is an integral part of resolving the conflict before judicial order.

How to write a letter of claim to the carrier about the damage to the product?

First of all, when making 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 supporting their words with appropriate photographs. That is why, if you have the opportunity to take several pictures, attach them and the act of acceptance to the claim.

Based general rules compiling business documentation, the claim must contain the following items:

Details of the addressee and the applicant (the parties who have concluded an agreement regarding the carriage of goods);
Date of receipt of the goods;
Place of receipt of the goods;
The price of the cargo;
Circumstances of detection of breakages in the delivered cargo;
Degree and nature of breakdowns;
Date, personal signature.

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

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, an employee of the organization leaves a mark on the acceptance of the claim, consisting of the date, signature with a transcript, indication of the 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 description of the contents and notification of arrival at the addressee.

What should be done before filing a claim for damage to goods in transit?

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

A company providing 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 meet situations when the head of the store in which the sale of bulky goods takes place pays for services transport company. In this case, employees of another organization are responsible for the delivery, and the consumer only receives the delivery of the goods at the expense of outlet. When drawing up the act, pay attention to this aspect and address the claim to the subject or its contractor.

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

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

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

In case of ignoring or refusing to satisfy the requirements specified in the claim, you have the right to sue the carrier in arbitration. In the case of resolving issues regarding the transportation of goods, exclusive jurisdiction applies. This means that the claim must be brought at the location of the carrier of the goods.

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 a link to the documentation that confirms the fact of the breakdown of the cargo, and the degree of damage.

The narrative should also include information on how the parties resolved this question in due course.

All related documentation regarding the case must be attached to the claim itself, namely:

A copy of the agreement regarding the carriage of goods (if there is none, you can request it from the carrier);
Shipping documentation for the transported property;
The act of identified damage;
A copy of the claim to the carrier and the answer 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, or spoiled during transportation.

The organization engaged in transportation is responsible for the safety of the cargo transferred to it in all respects. If you are not satisfied with the delivery of the goods, or its terms, then you have every right to apply to the carrier company with a claim for damages.

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

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

Deadlines for filing a complaint

A lot of time is spent on the delivery of cargo, there are times when it has to wait for months. Luggage can stand idle in warehouses, move from one vehicle to another, and it is not known in what condition it can be delivered. And its integrity can be determined only by the 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 shipment is lost, 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 from 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 deadlines, then the company can still accept your claim, if the reason for which this deadline was missed is considered valid.

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

Making a claim

Complaints to transport organizations are drawn up in the likeness of any other similar documents.

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

Determine the amount of damage and establish 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 file a lawsuit in court.

The complaint is made in two copies, one is sent to the relevant company, the second is kept by you. And if after 30 days after the filing of the complaint the answer was not received, then it would be useful to involve a lawyer and go to court.

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

A claim to a transport company (TC) is a simple document to draw up. He will help you get your money back for damaged cargo or poor-quality 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. The shopping malls transferred part of the responsibility to insurance companies, respectively, the cost of transportation increased slightly (all large transport companies PEK, Business Lines, Baikal-Srvis, Energia, SDEK, etc. voluntarily insure their transportation). All of this is the responsibility of the clients. Nevertheless, the procedure for resolving insured events 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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Claim to the transport company: legislative basis

The first and most important document for the carrier and the customer is an agreement between them on the provision of a service. It is in it that all the features of the claim activity of the customer and the rights of the carrier should be indicated:

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

It is not necessary to include a claim under a transport lease agreement for transportation in the text of the agreement, since there is a direct norm of the Civil Code - Article 797. It describes the circumstances of the submission of the document to the executor of the order, the deadlines for submission, and the grounds.

Car rental and delivery of goods to the consumer - physical or legal entity is the direct fulfillment of contractual relations.

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

In addition to these laws, the following rules should be used:

transport maritime (articles 402-413) and inland water (article 161) 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 the transport company: who has the right to file

The consumer of services - the customer - has the right to file a claim for a refund. At the same time, a claim under a contract for the provision of transportation services is a mandatory initial document for judicial recovery.

In what cases can you file a claim with the carrier

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

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

Damage

For damage, intentional or unintentional damage to the goods, the carrier is responsible. In this case, 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.

Loss

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

Delay

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

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

Shortage or underdelivery

There is a shortage quite often. This may occur due to careless handling or deliberate illegal actions of the carrier's employees, who expected that the recipient would not report the shortage of goods.

Substantiate complaints, draw up a letter of claim, in this case it is mandatory.

They didn't bring it

It is also necessary to make a claim in case of receiving goods that were not ordered. It may be a logistical error. Could confuse the goods upon issuance and a specific operator.

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Where can I complain if the transport company ignores the requirements

Where is the complaint directed if the appeals are completely ignored? There are several options, the last of which may be the court.

To Rospotrebnadzor

You can apply to Rospotrebnadzor. Like other controlling services, it has the right to impose sanctions.

Transport prosecutor's office

Complaints, the transport prosecutor's office considers related to the work 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, must be registered personally or through a lawyer, in the appeals department.

lawsuit

If nothing helps and the response time from the service provider has expired, write an application to the court to recover compensation.

Arbitrage practice

The plaintiff often takes a long time to decide: to file a lawsuit 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 claim work, and the goods are delivered with flaws, the compiler faces the question: 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 natural person-customer or the full name of the company, indicating the registered address;
Full name of the individual executor or legal name and location of the company executing the transportation order;
a statement of the facts that point to the violation;
claims, documentary justification of damage, including the calculation of a specific amount of compensation;
a list of documentary data in written or electronic versions, which are attached;
signature of the complainant.

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

Sample claim of TC "Energy"

Application form-claims to TC "Energy" - see below.

Shipping company claim for damage to cargo: sample

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

Transport 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 must necessarily indicate the requirement that it is necessary to compensate for the loss in full or according to the contract with additional payments.

Shipping company claim for delayed delivery sample

A sample complaint about the rhythm of delivery, delay and untimely transportation, see here.

Vehicle Downtime Claim: Sample

How to File a Non-Executive Carrier Appeal for Downtime vehicle, you can find out from a sample of such a document. In this case, the idle time of the vehicle must be indicated with the designation of specific dates and supporting documents.

Claim under a freight forwarding agreement: sample

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

Deadlines for filing and reviewing a claim

As with labor dispute resolution, in most cases the time limit for filing complaints is a calendar year. This period is defined for road, sea and water transportation.

For rail transportation, the period for filing a claim 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 submit

Composes and submits such a complaint either the consumer of the service, or his legal representative. The law does not strictly stipulate who has the right to act on behalf of the applicant.

The nuances of submitting via the Internet

Sometimes a claim made by the client and accepted by the company through Internet communication is enough. In most cases, we are talking about a website or e-mail firms. An important nuance is that it is desirable to submit such an application indicating the details: phone number, address and other contact details (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 achieve compensation for damaged cargo? This will sometimes require using the entire arsenal of beliefs and gradually increasing pressure on the company that did not perform the service.

An extreme way is to move after an unsatisfactory court decision to filing an appeal. The Court of Appeal may also not see all the facts of the case and an appeal may be required. 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, the 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 supplier-carrier.

You should know that it is best to complete the tax period with the payment of all planned transactions, including transport tax, social contributions. To make this happen without problems, you should reserve the amount necessary to cover the costs without taking into account the undelivered goods.

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

Conclusion

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

Major service providers in federal level, such as transport companies CDEK, Business lines, PEK, are not particularly afraid of the court. Their reputation is much more important to them.

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

A special case is responsibility for the transportation of goods in intercity vehicles, buses, minibuses. However, the all-Russian rules for protecting the consumer's right to provide a quality service also apply here.

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Samples of claims to the transport company

ATTENTION! View the completed sample claim to the transport company about the loss of cargo:

You can DOWNLOAD sample claims to the transport company from the links below:

How to write a claim

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 pay damages. If the manager refuses to perform duties, the customer can file a lawsuit.

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

Upon receipt of the cargo, the customer checks the integrity of the packaging, the reliability and correctness of the preparation of documents, as well as the compliance of the inventory items 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 displays information about the condition of the cargo. If discrepancies or damage are found, the client has the right not to accept the goods or write a claim to the address of the head of the vehicle.

The complaint must contain the following information:

place and date of delivery of the goods;
information about the recipient, his passport data, address of registration;
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 affixed. It reflects the information that if the head of the transport company does not wish 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 customer's document is signed by a person entitled to respond on behalf of the transport company, confirming the acceptance of the complaint.

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

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Required documents as attachment

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

These include:

an agreement concluded between the carrier and the customer for the delivery of cargo;
check, receipt confirming payment for the services rendered;
an act of acceptance and transfer, 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 that shows the existing damage. Shooting should be carried out in the presence of the delivery person so that he gets into the camera lens.

In what cases can a document be submitted

When ordering the “transportation of goods” service, not all customers think about the fact that unforeseen circumstances may happen on the road. 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 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 reach an amicable agreement, one should apply to the court with a statement of claim.

The claim is made for clean slate, no marks or damage. The text reflects the essence of the problem, written in a competent, understandable Russian language. Signed by both parties.

Upon receipt of the cargo, first of all, the integrity of the package is examined, 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, inconsistency with the inventory.

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

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

Terms of filing a claim with the transport company

The timing of filing a claim depends on important factors.

Attention! These primarily include:

the reason why the delivery of the goods was carried out with violations;
what type of transport was used to deliver the goods;
pre-agreed terms of the supply contract.

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

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

Regulatory legal acts adopted by the Government of the Russian Federation regulate clear deadlines during which the customer has the right to make a claim:

30 days from the date of discovery of the defect - loss of cargo;
10 days from the date of discovery of the loss of cargo during transportation by air;
120 days from the discovery of the loss of goods in transit different types transport;
180 days from the date of detection of damage to the cargo;
3 months from the end of the delivery period stipulated by the contract.

If the client has found defects, damage to the cargo, he has the right to recover the amount of damages. To do this, you must file a complaint within six months from the date of discovery of the deficiencies. If the customer, in addition to damages, wishes to recover the amount of the penalty, then complaints must be sent within 45 days.

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' appeals."

With the delivery of goods by international lines, the terms are slightly different. The customer is obliged to file 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 TC

Remember! In case of detection of defects in the cargo, the customer has the right to file 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 responsible person puts a mark of acceptance on the client's copy. Otherwise, when filing a statement of claim with the court, the document has no legal force. The paper is certified with a signature, transcript, 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 receipt, 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 a complaint and sign a copy of the client, and also if the shopping mall itself is far from the customer;
in some cases, during litigation, company representatives claim that the letter did not contain a claim, 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 own safety:

making a claim in front of witnesses. This method guarantees the acceptance of the complaint. However, if the company's employees refuse to make an imprint on the client's copy, an act is drawn up in which the violation on the part of 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 a 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. The notary independently applies to the company that violated the rights of a citizen. If its representative refuses to accept the complaint, he will independently certify the refusal document. It has high power in litigation;
leave a comment in the complaint book. This method cannot be considered as a legally competent option for filing a complaint. However, it has its place. It is impossible to prove your case in a court of law. However, it is quite possible that the company's management is not aware of the fact of the violation, and after viewing the book, they will pay attention and try to resolve the conflict.

However, if the client wants to use this option as a way to file a written complaint, the recording should be recorded on the camera, video camera. Be sure to reflect the first page, the page with a 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:

Filing 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 accepting claims from customers.

A special form is provided, which can be printed later. Attached to it additional documents 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 respond to the client on such a claim. But if you print a sample and turn to a specialist for its assurance, you can safely go to court or Russian consumer supervision.

Where else can you complain?

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

You need to choose a unit based on the type of transport used to transport cargo:

state inspection of safe road traffic;
transport prosecutor's office;
Russian consumer supervision;
other authorized departments.

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

In the case of resolving financial disputes, recovering the amount of the penalty to the customer whose rights have been violated, one should go to court. If the amount of the claim is less than 50 thousand rubles, then the application is submitted to the justice of the peace, if the value 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 judiciary

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

It must contain:

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

ATTENTION! View the completed sample statement of claim for the recovery of damages caused by cargo damage:


	From:
	The address: ,

	TIN:
	Phone:

Claim amount: rub.

Claim

In accordance with the consignment note No. of the city, the forwarder assumed obligations to organize the delivery of cargo (hereinafter referred to as the Cargo) by transport from to on time from y. to . Consignor: , consignee: . Cargo weight, volume, number of pieces. The cost of the cargo is Rs. (), which is confirmed by the document - .

The shipment was handed over to the Defendant without a declaration of value.

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

The cargo was received by the addressee in a completely damaged form: which is confirmed by the document -.

Based on Art. 803 of the Civil Code of the Russian Federation , paragraph 1 of Art. 6 of the Federal Law of June 30, 2003 No. No. 87-FZ "On forwarding activities" for failure or improper performance obligations under the expedition contract, the forwarder is 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 breach of obligation was caused by improper performance of the contracts of carriage, the liability of the freight forwarder to the client is determined in accordance with the same rules under which the respective carrier is liable to the forwarder.

By virtue of pp. 1, 2 tbsp. 393 of the Civil Code of the Russian Federation the debtor is obliged to compensate the creditor for losses caused by non-performance or improper performance of the obligation. Losses are determined in accordance with the rules provided for by 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, unless the law or the contract provides 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 to restore the violated right, loss or damage to his property (actual damage), as well as lost income that this person would have received under normal conditions of civil circulation, if his right was not violated (lost profit).

According to paragraph 1 of Art. 7 of the Federal Law of June 30, 2003 No. No. 87-FZ "On forwarding activities" the forwarder is liable to the client in the form of compensation for real damage for the loss, shortage or damage (spoilage) of the cargo after it is accepted by the forwarder and before the delivery of the cargo to the recipient specified in the contract transport expedition or a person authorized by him, unless he proves 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 freight forwarder for transportation 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 freight forwarder for transportation without declaring value - in the amount of the actual (documented) value of the cargo or the missing part of it;

3) for damage (spoilage) of cargo accepted by the freight forwarder for transportation 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 forwarder for transportation 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 cargo amount to RUB. () due to the impossibility of its restoration.

Paragraph 28 of the Decree of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 No. 17 "On the consideration by the courts of civil cases on disputes on the protection of consumer rights" it has been established that when resolving consumer claims, it must be taken into account that the burden of proof of circumstances exempting 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, Article 13, Clause 5, Article 14, Clause 5, Article 23.1, Clause 6, Article 28 of the Consumer Protection Law, Article 1098 of the Civil Code of the Russian Federation).

According to Art. 15 of the Law of the Russian Federation "On the Protection of Consumer Rights" No. 2300-1 dated 07.02.1992 moral damage caused to the consumer as a result of a violation by the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) of the consumer's rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection, is subject to compensation by the tortfeasor 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 non-pecuniary damage, which is estimated at the amount of RUB. ().

Based Clause 1 of Art. 12 of the Federal Law of June 30, 2003 No. No. 87-FZ "On forwarding activities" before filing a claim against the freight forwarder arising from the freight forwarding agreement, it is mandatory to file a claim with the forwarder, except for filing a claim in the provision of forwarding services for personal, family, household and other needs not related to the client's entrepreneurial activity.

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

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

Based 46 of the Decree of the Plenum of the Supreme Court of the Russian Federation "On the consideration by the courts of civil cases on disputes on the protection of consumer rights" No. 17 of 06/28/2012. the penalty is collected in favor of the consumer.

Applications:

Copy of invoice No. dated .

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