Dear Concern, you can file a suit for specific performance and damages against them.
Suing FedEx for non-performance
Hello, I am a small export based business based in Delhi. My question is that can I sue FedEx for non performance for damages ? In short the case is as follows. We imported a shipment through Priority by FedEx to full fill a export customer delivery. The shipment reached Delhi on 24th May and has not yet been released until 11th June and still no delivery date is being confirmed by them. siting various issues like software issues at FedEx , Manual filling of Manifest, now in x RAY, too much back log , shipment came as part etc. All documents and e mails are available to prove the above. Since we are exporting products and it was absolutely necessary to get these components on time, I had no choice but to import another shipment from the same supplier of the same product and quantity to fulfill my delivery commitments and avoid cancellation and claim from my customer. The same case has happened in the second shipment as well. It arrived on 2nd June and is still not delivered siting similar reasons as above. They have a very well thought out customer grievance addresal system where no one can be held responsible and it can take you round and round in circles from one person to the other with out actually getting a solution. How can a small business like mine take on a giant to make them realize that by being big they cannot treat us like this and cause monetary loss.
Asked 6 years ago in Business Law
17 Answers
This is a clear case of sheer negligence. You are entitle to damages and compensation for loss of goodwill.
Before court, all are same. Big gets bigger shots for negligence.
IF Client lost than damages for that too.
The most suitable remedy for you is filing a consumer petition in consumer forum.
I'm prepared to handle the matter as your advocate. Seek appointment at my office.
is there a pricedent of such claims being given?
Asked 6 years ago
Hello,
Send a legal notice to them and if they do not reply then file a suit in the civil court to claim damages for the inefficient services provided by their company.
Regards
Firstly, you should serve them a legal notice asking them to release your shipments within 3 days of receipt of the legal notice.
If they fail to do so, you can file a suit for damages and specific performance, alongwith interim relief application in civil court.
Alternatively, complaint under Consumer Protection Act for deficiency of services and unfair trade practices can also be filed against them for their actions, where you can seek monetary compensation too.
Yes. Under deficiency of service
By the way, all the work can't be done through this online kaanoon portal. So seek appointment with me or any other counsel you choose. Follow up questions here serve no practical purpose
Normally such claims are frequent before consumer forum. Are you a firm or company ? If firm than can file consumer complaint.
And you have placed an order so FedEx must be hired by exporter ? right ? IF yes than your claim is not agasint FedEx but exporter and exporter claim agasint FedEx.
1) issue the company legal notice that on account of failure to deliver shipment order on time you have been unable to export goods to the buyer
2) call upon company to deliver shipment order within 48 hours of receipt of notice failing which you would sue them for damages
you would be entitled to damages on account of failure to deliver goods on time
This is a remedy under specific relief act, and there may be thousands of precedents. Each depend on their facts and circumstances.
Yes you can sue him by filing consumer complaint or also file civil suit for damages
You can file a complaint agaisnt their deficiency in service before consumer forum and claim heavy amount as compensation citing your losses and damages you suffered including the mental stress and trauma.
You can file a complaint immediately without delaying the issue any further.
This is a deficiency in service category, the consumer courts are functioning for dealing with such irregularities only, hence what precedent you want?
you can file a consumer complaint claiming damages from them on account of atrocious, negligent and deficient services,
you can also file a suit for specific performance for immediate delivery of the shipment
So first of all you serve them with a legal notice through a lawyer then file case in consumer forum. You can file a consumer complaint against the courier company.
Hi,
You may sue under law of tort for delay and ask for compensation for damages or loss suffered by you. You need to give a legal notice first and then file the case.
You can make complaint in the Consumer Forum against FedEx.
