Sample statement of claim for loss of parcel. Claim for compensation for damage caused by the loss of postal items (shipment within the territory of the Russian Federation)


Many citizens complain about the work of the Russian Post, often the parcels are lost and do not reach the addressee. What to do in this case is often not entirely clear, because the post office asks to "wait", but time does not affect the search for the parcel in any way. Of course, you can just use courier delivery, but this is not always convenient and can be unreasonably expensive.

Consider what to do if the shipment has already been lost in the mail. We will tell you how to sue the Russian Post and receive compensation for the lost parcel in this article.

Can I get compensation?

The Russian Post bears responsibility for the storage and delivery of the shipment from the moment the shipment is received. Therefore, if it is lost, you can claim compensation, but only in certain cases. In order to qualify for a refund, you need to draw up an application for compensation for damage and take it to the post office, or send it to a specific territorial office where the loss occurred.

But sometimes it is not indicated in the parcels that they had any value, and it will not work to receive compensation for them on the application, then you will have to go to court.

Types of compensation

Compensations of various types can be received for the parcel, namely:

  • Return of the declared value of the parcel;
  • Moral injury;
  • Compensation for violation of the delivery time (the penalty is 0.1% of the shipping service fee for each day of delay, but not more than the full cost of the service);
  • Compensation for damage to the contents of the parcel.

Refunds by mail

If you want to solve the problem peacefully and receive compensation for the parcel by mail, then you must take into account that the following amounts will be paid:

  • For loss or damage to mail with a declared value - you can count on the amount of the declared value and the cost of the tariff fee, excluding the tariff fee for the declared value;
  • For the loss and damage of a part of the enclosure of a parcel with a declared value when it is sent with a compiled inventory of the contents - the cost of a particular investment specified by the sender will be returned;
  • If a part of the parcel is lost without an inventory of the attachment, but with a declared value - an amount proportional to the mass relative to the entire parcel, the lost part of the parcel;
  • If the shipment was without a declared value - double the amount of the tariff payment.

Attention

Thus, if you do not indicate the declared value of the parcel, almost nothing will be reimbursed. In this case, you need to prove the cost of the parcel in court and try to get compensation from the mail through the court.

How to get compensation for non-pecuniary damage in court?

In addition to compensation for damage in the amount specified above, you are entitled to.

In accordance with Article 151 of the Civil Code of the Russian Federation and Article 15 of the Law "On Protection of Consumer Rights", if the contractor has violated the obligations assumed to preserve, send and deliver goods, it is considered that the consumer of postal services has suffered moral damage.

Since non-pecuniary damage is not paid at the post office for the loss of a parcel, you can get such compensation only if you go to court with a claim. In this case, it will be necessary to prove that, indeed, the fact that the package was lost caused you severe moral harm and led to mental suffering. When specifying the amount of compensation, it is necessary to use the principles of reasonableness and fairness, otherwise, if the amount of the claim is too large, the court may satisfy the claim partially or completely reject it.

Lawsuit

If your application is ignored in the mail, you are asked to wait "maybe the package will be found," and long terms pass, you can go to court.

To apply, you will need to draw up a claim, prepare documents confirming the sending of the parcel, receipts for its payment and attach them to the application. Also, do not forget to attach the pre-trial claim that you submitted to the mail and the answer, if any, to the claim. Information that you tried to resolve the conflict peacefully will characterize you on a positive side in court.

In the statement of claim, you must write:

  • Name of the court;
  • Data of the parties;
  • The essence of the claim;
  • Claims and amount of non-pecuniary damage;
  • Grounds for receiving compensation;
  • List of attached documents;
  • Signature and date.

Of course, legal proceedings often take longer, but sometimes they are the only chance to receive at least some compensation for the lost package.

Cases where compensation is not paid

There are situations when the contractor is not responsible for the parcels, although he took on such a responsibility. Concerning this cases, when the loss occurred as a result of:

  • Natural disaster;
  • Seizure of parcels by law enforcement agencies;
  • The fault of the sender is incorrect packaging or due to the properties of the items being sent.

For example, one woman sent dry ice - a heavy object that did not reach the addressee, as it evaporated at room temperature, and demanded compensation. When the fraud was revealed, the Russian Post filed a lawsuit against her, and her actions were found fraudulent, and a real time was set.

Criminal lawyer. Experience in this area since 2006.

Situations associated with the loss of a parcel in the mail occur quite often. What to do and what to do if your mailing 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 yourself.

Track the movement of the parcel using the track code on the Russian Post website. The track code is indicated on the cashier's receipt for payment for shipping services, contains 15 digits and begins with the sender's index. If you could not find the package, go to the next step.

2. Collect proof of shipment or payment of the parcel.

If you are a sender, then a cashier's receipt for payment of postal services is enough to compensate.

If you are a recipient, prepare information about the track code and payment documents for the goods. Contact the sender with a request to write a wanted statement. The sender can refuse or take no action. Try to get a disclaimer in writing.

If it was not possible to get a refusal, remember, 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 a statement on the search for the postal item.

Check the postage delivery deadline. After the expiration of the term, write a statement on the wanted list at the post office at the place of reception or at the place of departure.

The post office is obliged to accept the application regardless of the territory in which the parcel has ceased to be tracked.

Take from the mail representative a copy of the application with a mark of registration and delivery or other document to prove the application has been submitted. 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 submit a claim within six months from the date the parcel was sent.

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 the 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 a parcel without a declared value is lost, then you can only return the amount of postage.

Calculate the forfeit. 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 forfeit should not exceed the amount of postage (part 5 of article 28 of the Law of the Russian Federation "On Protection of Consumer Rights").

Attach to the claim a 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.

Submit a claim to the Federal State Unitary Enterprise "Russian Post" for the protection of consumer rights, if the claim remained 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 magistrate 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 the state fee for filing a statement of claim.

The court will recover from the post office:

  • the cost of the item being sent in accordance with the declared value;
  • the amount of postage;
  • forfeit;
  • a fine of 50% of the amount of the claim for non-compliance with the voluntary order of compensation.

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 prospect, house 18
From,
living at:
Tel .:

Claim.

On June 7, 2016, I signed a service agreement at the branch of FSUE Russian Post and sent an international EMS parcel with a number to the United States of America.
The postage rate was ___ rubles __ kopecks, which is confirmed by a check of postage.
On July 29, 2016, I applied for a refund due to non-compliance with delivery times.
According to the reply 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 to provide postal services or fulfill them in an inappropriate manner, postal operators are liable to users of postal services. The postal operators are liable for the loss, damage (damage), shortage of investments, non-delivery or violation of the deadlines for sending postal items, postal money transfers, other violations of the established requirements for the provision of postal services.
Losses caused by 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 payment, except for the tariff payment for the declared value;

According to Art. 37 of the Federal Law of the Russian Federation "On Postal Communication" in case of non-fulfillment or improper fulfillment of obligations to provide postal services, the user of postal services has the right to file a claim with the postal operator, including with a claim for damages.
For claims for postage 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 to reimburse the cost of the parcel in the amount of ___ rubles __ kopecks within thirty days from the date of receipt of the claim.

Appendix:
Copy of the statement dated July 29, 2016.
A copy of the tear-off coupon dated July 29, 2016.
Copies of emails dated September 26, 2016.
Copy of the sales receipt dated June 07, 2016.
Copy of Form No. ЕА 386354156RU.
Postage tracking report.

If the postal operator refuses to satisfy the claim, or if he agrees to partially satisfy the claim, or if the postal operator does not receive a response within the time frame established for the consideration of the claim, the user of the postal services has the right to sue in court for compensation for damages, as well as compensation for non-pecuniary damage and legal costs.

Full name
Date Signature

Ref. No. ________ to the Moscow Arbitration Court

115191, Moscow, st. B. Tulskaya, 17

Plaintiff: CJSC "Garant-Expert"

The address:……………………………………………………

Defendant: Federal State Unitary Enterprise "Russian Post"

131000, Moscow, Varshavskoe highway, 37

"EMS Russian Post" - branch

Federal State Unitary

enterprises "Russian Post"

119454, Moscow, Vernadsky avenue, 18

Third party: ……………………………………

………………………………………………………

Claim price: 35,000 rubles

State duty: 2,000 rubles

Statement of claim

on recovery of damage caused by the loss of cargo during transportation

"_____" ___________ 201__ from ………………………………. In the name of the Closed Joint Stock Company "" (hereinafter - the plaintiff, CJSC "Garant-Expert") at the address: 129301, Moscow, Cosmonauts, 7 bldg. 2, the postal item No. EA055711800RU was received, with a declared value of 35,000 (thirty five thousand) rubles. Delivery was carried out by the carrier "EMS Russian Post" of the branch of the Federal State Unitary Enterprise "Russian Post" (Appendix No. 1).

When issuing a shipment to the plaintiff by an employee of EMS Russian Post of the FSUE Russian Post branch ……………………………. an opening act of 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 submitted to the EMS Moscow EMS Certificate on the external condition of the defective item (capacity) No. ……… .. dated "_____" ___________ 201_ with attached to his 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 attachments, the seals are not visible, the difference in weight is 42 grams. After the inspection, it was decided to draw up an act for the difference in weight of s / m, p / o, seal access to the attachment (paste over) with adhesive tape with the logo "Moscow EMS".

Thus, the fact of the loss of cargo (shipment) 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 obligations for transportation, the parties are liable 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, prior to 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 - the Law on Postal Communication "), which establishes that in case of non-fulfillment or improper fulfillment of obligations to provide postal services, the user of postal services has the right to present a claim to the postal operator, including with a claim for compensation for harm. 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 claims must be given within the following deadlines:

for claims for postage 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 against the organization of federal postal services 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 he agrees to partially satisfy the claim, or if the postal operator does not receive a response within the time frame established for the consideration of the claim, the user of the 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 filed with the EMS Russian Post branch of the FSUE Russian Post branch along with the attached documents.

However, to this day, the response to the claim by EMS Russian Post of the FSUE Russian Post branch has not provided the plaintiff.

Article 38 of the Law on Postal Services stipulates that compensation for harm caused in the course of activities in the field of postal services is made voluntarily or by a court or arbitration court decision in the manner prescribed 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 damage 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 reimbursed by the carrier in case of loss of cargo or baggage, with its declared value - in the amount of the declared value of the cargo.

Thus, damages in the amount of the declared value of the item, which is 35,000 (thirty five) rubles, must be recovered from the defendant.

When filing a statement of claim, a payment order paid a state fee 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 legal costs (Appendix No. 4).

Clause 5 of Article 36 of the Arbitration Procedure Code of the Russian Federation stipulates 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 an arbitration court at the location of the legal entity or its branch, representative office.

In accordance with clause 4 of the Federal Law of November 14, 2002 N 161-FZ "On State and Municipal Unitary Enterprises," a branch of a unitary enterprise shall carry out its activities on behalf of the unitary enterprise that created them. Responsibility for the activities of the branch and representative office of a unitary enterprise shall be 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 Service Law, Art. 4, 27, 29, 35, 36, 37, 110, 125, 126 of the Arbitration Procedure Code of the Russian Federation

Russian Post in favor of Garant-Expert Closed Joint Stock Company damage in the amount of 35,000 (thirty five thousand) rubles.

Collect from the Federal State Unitary Enterprise

Russian Post will benefit from the Garant-Expert Closed Joint Stock Company the cost of paying the state fee in the amount of 2,000 (two thousand) rubles.

Applications:

General manager ……………………..

For international shipments In the event of loss, damage or damage to international registered shipments (letter, parcel post, small package), the Russian Post pays compensation in the amount of 30 SDR and the amount of the tariff fee (excluding the order fee). In case of loss, damage or damage to a part of their investment - in the amount of the actual value of the missing or damaged part, but not more than 30 SDRs. In the event of loss, deterioration or damage to the “M” bag, compensation shall be paid in the amount of 150 SDR and the amount of the tariff fee (excluding the order fee). Compensation for loss or damage to valuable items is the amount of the declared value and the amount of the tariff (excluding the commission for the registration of the declared value). In the event of the loss or damage of a simple parcel, compensation shall be paid in the amount of 40 SDR and 4.5 SDR for each kilogram of the parcel. The amount of the tariff fee is also paid.

Compensation for damage from the Russian Post - we win the court

Info

This service allows you to track all stages of the passage of the parcel. Perhaps she is still on the way and there is still nothing to worry about. If the parcel was not found through the search and did not reach the addressee, as well as in the event of its damage or damage, a claim will have to be written.


A claim against the postal service is filed either at the address of the parcel's dispatch or at the address of its destination. This can be done within 6 months after registration of the postal item. The term for responding to a claim, if it comes to shipment within one locality, is 5 days.
In other cases, you should wait for an answer to it within 30 days. If the case concerns international mail, then the processing time can be up to 2-3 months (based on the Universal Postal Convention). Drawing up a claim There is no strict claim form that will be submitted to EMC of the Russian Post or any of its regional offices.

How to sue the Russian post office?

If the inventory has not been drawn up, then the damage is compensated in proportion to the ratio of the lost part to the total weight of the parcel;

  • If any registered postal items are lost or damaged, double tariff rate will be refunded;
  • In case of loss of money transfers - the amount of the transfer and the tariff for sending it.

You can read about other options for compensation for damage in case of damage, loss or delay of postal items in the specified article. Procedure for protecting violated rights Before filing a claim with the postal service, you should use other ways to solve the problem. First, you should check the status of the postal item using the official website of the Russian Post, through the "Tracking" section.


In the search bar, you will need to enter a special tracking number of the parcel, which can be seen on the check issued by the postal worker after receiving the parcel.

How to properly sue the Russian post office for the loss of a parcel?

In the best case, after considering the claim, the post office will pay the applicant full material damage caused by poor quality services. The Russian Post website contains several options for filing a claim against the actions of the postal service using electronic means:

  • service for submitting electronic requests on the website of the Russian Post (https://www.pochta.ru/claim);
  • online postal consultant;
  • Russian Post mobile application;
  • Email ();
  • free phone support service (8-800-2005-888).

If a claim is filed for a poorly rendered service of international postal order, then it can be sent on the website of the Russian Post only after confirmation of personal data through the ESIA (portal of the State Service) or independently taken to the post office.

How to sue the Russian Post for the loss of a parcel

Applications for the search for international EMS shipments are accepted within 4 months from the date of dispatch in accordance with the Regulations for the Application of the EMS Model Agreement (Bern, 2017). application, no later than 30 calendar days from the date of submission of the application for domestic Russian mail, and 2-3 months for international mail. If the shipment is not found, the Post is obliged to pay compensation. Payment is made within 10 days. For shipments within Russia, the Russian Post pays compensation for the loss and damage of the contents of only valuable shipments. Compensation is paid in the amount of the declared value and the amount of the tariff fee (excluding the commission for the registration of the declared value).

Compensation for damage

You can download the form of this document using the link at the end of the article. It must contain the following information:

  • name of the post office, full name of its head;
  • Full name of the complainant, his registration or residence address;
  • detailed description of the circumstances of the case:
  • claims made to the post office;
  • personal signature of the applicant and the date of writing the document.

The main part of the claim contains the applicant's passport data. It is necessary to tell about the date and place of departure and / or destination of the parcel, the number of the postal item and its type, the type of packaging.
If the parcel has a declared value, then it must also be indicated. If the value has not been declared, then the entire contents of the parcel are listed in detail, with an indication of its average market value.

Does anyone have any experience of filing a lawsuit at the Russian post office?

If an inventory of the attachment has been made, the Post pays compensation in the amount of the declared value of the missing or damaged part of the attachment indicated by the sender in the inventory. If the shipment was without an inventory of the attachment, the Post pays compensation in the amount of a part of the declared value of the postal item in proportion to the ratio of the mass of the missing or damaged part of the attachment to the total weight of the shipment (excluding the weight of packaging materials). In case of non-payment (non-implementation) of the postal money transfer, the Post pays compensation in the amount of the transfer amount and the amount of the tariff fee.
In case of loss, damage or damage to other registered postal items, the Post pays compensation in double the amount of the tariff fee. In case of loss, damage or damage to a part of their investment - in the amount of the tariff fee.

Submit a lawsuit to the Russian Post

However, with the help of a claim against the Russian Post or a statement of claim in court, you can not only return the full cost of the parcel, but also collect a forfeit, a fine or even compensation for moral damage from the post office. The amount of damage caused, which can be collected from the post office for the loss of a parcel or other violation of rights, is set out in Article 34 of the Federal Law "On Postal Service":

  • If the parcel is lost, damaged or broken, then the Russian Post is obliged to refund the declared value of this parcel and the tariff for its delivery;
  • If any part of the parcel with a declared value is lost, the post office will reimburse only the value of this lost part indicated in the inventory.

I want to sue the Russian post office!

Filing a lawsuit against the Russian Post Let's talk about how to sue the post office if the employees of the Russian Post did not respond to the claim within the prescribed period or only partially compensated for the damage. In these cases, it is necessary to write a claim to the court at the location of the post office, in which the rights of the consumer were violated. The rules for its compilation are set out in article 131 of the Civil Procedure Code of the Russian Federation.
The documents that need to be attached to the claim are listed in Article 132 of the said law. You can find a sample consumer protection lawsuit at the link at the end of the article. It is about the protection of consumer rights, about the provision of services of inadequate quality, in most cases, and we are talking about in litigation with the Russian Post.
The rights of the user of postal services, which can be protected in this case, are set out in Article 29 of the Law "On Protection of Consumer Rights".

Is it possible to sue the Russian post office for non-receipt of letters

As for the lawyer, I got the impression that she had nothing to show, but nevertheless the representative of the post office filed an objection to the lawsuit. The Krasnoyarsk court exacted 50 thousand rubles from the Russian Post for the loss of the letter “When sending, they entered into an agreement with the Federal State Unitary Enterprise“ Russian Post ”represented by the Zelenogorsk branch to forward a first-class letter with a declared value of 2.5 thousand rubles. However, during the transfer, the letter was lost and not delivered to the addressee. In this regard, the plaintiffs had to leave for the capital to obtain foreign passports and visas. They incurred the cost of living in a hotel in the amount of 31.5 thousand rubles. To sue the Russian Post Evgeny Birger is a private person. He is not authorized to check and evaluate the activities of the Russian Post and has no legal basis to draw any conclusions.

Reimbursement from the Russian Post for the loss / theft of a parcel

Of the Law of the Russian Federation "On Protection of Consumer Rights", when the court satisfies the consumer's requirements established by law, the court collects a fine of 50% of the amount from the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) awarded by the court in favor of the consumer. The procedure for considering a claim is regulated by Art. 37 of the Federal Law "On Postal Communication". Claims for non-delivery, late delivery, damage or loss of postal items, or non-payment of transferred funds shall be submitted within six months from the date of submission of the postal item or postal money order.

Claims are submitted in writing and are subject to mandatory registration at the Russian Post office.

SIMILAR ARTICLES