• Theft of luggage during transportation from Visakhapatnam to Mumbai

I am a serving officer of the Indian Navy presently in Mumbai.

My Luggage was transported on my transfer from Visakhapatnam to Mumbai in Dec 2018.
I had marked all my boxes with numbers and upon delivery, some of the boxes had no numbers because of which all boxes were not delivered to my 5th floor house. I had to go down to the truck and open three carton boxes and see if they were mine (if they had my stuff in them).
Now I could confirm that the total no of boxes was correct, however upon opening them completely 2 days later (My house was under repairs for 2 days, so I i had not moved in) was found that a lot of valuables (from taped cartons) were missing. 
The transporter failed to cooperate, kept me waiting for one month and then said he cannot do anything and then suggested that no theft has happened. The news of the incident spread in the naval community. The transporter called to apologize but after a few days sent a defamation notice to me claiming that I am making false allegations, the notice which was marked to many of by senior bosses. All records are available with me. 
The defamation notice that the transporter sent , mentions that I had to go down and open the cartons to verify. As I had marked all my cartons this should not have been required, thus bringing out that a theft/ tampering of my luggage has happened.

I want compensation for loss, harassment and also want to know if I can take up a case for defamation against him for sending a notice to all my office seniors to bring me disrepute.

Regards
Asked 4 years ago in Criminal Law
Religion: Hindu

11 answers received in 1 day.

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14 Answers

You must engage a lawyer and reply to legal notice 

 

2) deny that you have maligned his reputation 

 

3) you should file  complaint against transporter before consumer forum and seek compensation for mental torture undergone by you 

 

4) also enclose list of lost valuables and claim compensation for loss suffered by you 

 

5) file private complaint of criminal defamation against the transporter before magistrate 

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

File consumer forum case, only remedy, defamation  case doesnot bring out result rather goes on for years, hit him on monetarily loss wise

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

  1. For loss of your valuables sir, you have two options--- a) to prosecute for theft or b) take civil suit action for compensation. 
  2. If you care choosing a) in 1, then you have to lodge a police complaint against the transporter for theft. The police will investigate and launch a prosecution against whoever be the culprit. The idea of prosecution is to get the culprit punished. 
  3. However, if you choose b) in 1, the idea is not to punish but vto compensate the victim for losses. Here you file a suit and get compensated. The relationship between you and the transporter is that of service provider and consumer, so you must sue him in consumer Court for deficiency in service. 
  4. As far as his serving a legal notice to you for defamation; well the truth is the best defence. If he sues you for defamation or prosecutes you, you can very well proove in court your articles misplaced and the prosecution will fall flat, or his suit will be rejected. 
  5. As far as your desire to take action against him for defamation by serving legal notice upon you, well it doesn't amount to defamation. However, he marking others and serving copies of his legal notice upon others is indeed defamation for which you can sue him. 
  6. I'm prepared to handle your case as your counsel. However, I need an exhaustive consultation session with you first. I'm based in Mumbai/Navi Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

See you should have filed FIR for loss of valuables, alternatively you can file consumer complaint seeking damages for deficiency in service. 

 

For the defamation notice you can reply and can give him further notice for defamation and can file suit to recover damages for same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Sir

You can engage an Advocate and get issued reply to the notice  sent by the Transporter denying  all his  allegations  and detailing your  case with proofs.

You can file complaint against the transporter before the Consumer Forum for the loss suffered and also for defamation, psychological / mental tension suffered by you.

In your complaint you need to give the list of things / valuables lost by you with approximate value.

You can also file complaints before the concerned Criminal Courts for criminal defamation / breach of trust.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. If he sent a legal notice for defamation then you ought to have replied thereto through your lawyer. A legal notice should always be replied.

2. You ought to have lodged a FIR for theft against the transporter immediately.

3. Since you were a consumer of the transporter you can sue him for damages on account of deficiency in service by filing a complaint case in the consumer forum.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can go for consumer court if you have availed service for consideration. You  and also file defamation as stated if you have clear evidence for the same

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1.  A Legal Notice CANNOT be construed as publishing any defamatory /slander letter.  However looking at events, you are entitled to file a Police FIR, against the Transporter for offences like Intimidation, Cheating, Breach of Trust ....

2.  For Damages & Compensation, you can file a grievance petition before the Local Consumer Court, by following due procedures of law and relevant documentary evidences and witnesses.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Sir,

The following information may kindly be read:

Legal actions against Packer and Movers company if they fail to deliver your goods safely

If you have hired a packers and movers services and suffer from any such deficiency in the services provided by them then you can avail the following legal remedies:

  1. Before going for any legal proceedings or any legal suit the first step you should take to resolve your issue is to contact the company directly and ask them to solve their grievances. If they fail to do so or they do not pay attention to your queries then you should go for a legal procedure. One most important thing which you should keep in mind while communicating with the company is that always use a method of communication which can be used as an evidence in the court of law for further legal proceedings. You should try to contact them with the help of emails or written letters rather than telephonic conversations.

Filing of Consumer Complaint against packers and movers company

  • If the company does not pay attention to your grievances or does not pay you the damages then you can file a CONSUMER COMPLAINT under section 12 of the Consumer Protection Act 1986 in the consumer forum or can file a consumer complaint online.
  • The consumer forums were introduced in India keeping in mind that the consumer’s rights should be protected and they should not be discriminated.
  • It is clearly stated by the consumer court that the movers and packers company are a part of services under this act and one can approach the consumer courts to get the remedies.
  • Filing a consumer complaint is beneficial over legal proceedings as it includes less expenditure, as well as the time taken, is also less. One more advantage of filing a consumer complaint is that you need not hire an advocate to fight for your case and you can present your case on your own before the consumer forum.
  • There are consumer cells as well where cases can be solved with the help of mediation also which is very beneficial these days.
  • If you are not satisfied by the way consumer court works or are not satisfied with the decision of the court you can file a separate civil suit in the court of law. You can hire an advocate and send a legal notice to the company and then the proceedings will be held in the court. You can also file a consumer complaint and a case in the court of law at the same time. There is no bar to it.

Can a FIR be filed against Packers and Movers company alleging fraudulent intention

  • You can also file an FIR against the Packers and Movers Company at your nearest police station but generally the police does not file FIR in the cases related to unofficial enquiry but when a prime facie deceit is proved the police will lodge a FIR under section 421 of the Indian penal code under FRAUD. You can also file a consumer case and a FIR simultaneously.
  • If you have taken the insurance of the goods you can immediately claim for insurance from the insurance companies so that you can recover the damages easily. Claiming insurance is no bar to lodging FIR. You can lodge FIR for the insured goods as well.

These are few remedies which can be sought by the people if they are cheated by the movers and packers company or there is a deficiency in services on behalf of them.

Precautions

As it is rightly said that precaution is always better than care there are few precautions which can be taken before hiring a packers and movers company:


  • Always hire a registered company: You should always avail services from a registered company and which has a license to do so. Always check the credibility of the company. You can also check the reviews about the company on various online platforms.

  • Read the terms and conditions of the contract carefully The companies often try to mislead the customers by manipulating the contract which they sign and then discriminate the customers on the basis of it. You should always read all the terms and conditions of the contract and then sign the agreement.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. The aviation/transport company is responsible fr safety of your luggage and f it has lost it then it alone is responsible compensate the loss.

2. Now sine it has lost it in the transit you can file a case before the consumer forum seeking money for its value and damages along with compensation.

3. Your case good merit and you must file the case .

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

You can claim compensation for your damages through consumer court but before that you need to send a legal notice demanding compensation for your damages within fifteen days from the date of receipt of the said notice. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You should have lodge FIR against the transporter for loss your stuff during transportation.

Yes you can send him a defamation notice.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You first lodge a criminal complaint against the transporter towards the missing items, with the local police where the transporter who deliverer the items is located.

After that you give a reply notice to the notice received by you, then you can issue a defamation notice for his acts of insulting you before your superior officers and also for tarnishing your image by sending a defamation notice with absolutely false and baseless contents.

You can drag him to consumer forum too for deficiency in service.

 

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the act of the person is not at acceptable in the eyes of law.
  2. You have everything to show that all incidents were subject to the suspicion and you never had the intention to spread the news as it is so common to let everyone knows about it in your domicile for present.
  3. You should reply to his defamation case and also for sure, file a counter case of defamation against him before the court of law.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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