Have you filed any police complaint about loss of mobile phone
you can file complaint against shiva cabs before consumer forum for deficiency in service seek compensation for loss of mobile phone on account of negligence of their driver
Personal belonging theft from rental vehicle when occupied only by the driver
An expensive item of ours has been stolen when the vehicle was occupied by Noone but our rented driver. Context: We rented a driver along with a car both registered under shiva cabs (https://www.shivacabs.in/) for tourism. When we leave for sightseeing, the driver always keeps the doors and windows locked but at that time when we left our cellphone on the car's dashboard, the driver unlocked the windows and fell asleep. That was enough for the local pickpockets to steal the phone. In this circumstance, could the driver or the agency be liable for this incidence by any means for replaying the loss of expenses? We have all the evidence of our statement.
Asked 6 years ago in Criminal Law
Religion: Hindu
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12 Answers
Hello,
File a consumer complaint and ask for compensation for the same.
REGARDS
- Cab drivers are responsible for utilizing a vehicle that is leased from the cab company to pick up passengers from a specified location and safely deliver them to their drop-off destination.
- Hence, driver of the Shiva cabs is also responsible for the safety of the expensive items of the passenger as well.
- Since, your cellphone left on the cars dashboard in the presence of the said driver , hence he is responsible for the theft .
- Firstly you should lodge your complaint with the local police , where this incidence has happened , and then ask the shiva company for loss .
- If refused, then file a complaint with the Consumer court for deficiency of services against that cab company.
Good luck and dont forget to rating Positively.
You can but it will be difficult to prove the same. But if liability is accepted and he is service provider you can try consumer complaint for refund
You have to report the matter in police so that the investigation for the that can be completed and accordingly you can file a consumer case against the service provider to claim the compensation for the loss
The driver or the agency cannot be held liable for your carelessness in this regard.
You have left the cellphone unattended or without even informing the driver about it, hence the driver cannot be blamed about it.
He can be held liable or responsible only for the deficiency in service,whereas this cannot be considered as his obligation especially when you have not entrusted the property to the driver to look after the same till you return.
The agency or the driver can easily wash away their hands even if you give a complaint against either before the police.
No case is maintainable against either, at least in my opinion.
Yes agency through which you hire the cab will be responsible for loss of expensive belongings when you were not in the vehicle.
1. ANY belongings /valuables KEPT in the Rented Vehicle, is classified in "custody" of the Rented co.. UNLESS & UNTIL the rental agreement or display board declares that "passengers are responsible for their own belongings /valuables". The vehicle is also insured for such incidences is reimbursable.
2. You can file a grievance petition for your losses, in the local Consumer Court, and claim cost of valuables, any losses in terms of mental & physical agony caused by such losses, alongwith legal costs, damages & compensations.
Generally, owner is responsible to care their things. Since it is a private cab, belongings can be keep in car under notice of driver.
They are lying, driver only have stolen it. Call and ask them to return otherwise file FIR of theft and criminal breach of trust.
Dear Sir,
You have remote chances of re-imbursement of theft article from Shiva Cabs. You may get issue a legal notice. They are always afraid of rating and propaganda on social channels. it the re vicarious liability of both the driver and Shiva Cabs see that goods of customers and free from theft.
File complaint in jurisdictional police station and mention all facts.
Ans: You can send the agency a notice for defective servicemen alongwith necessary proofs that you have.
