Sir i use to be a trackon courier franchisse till 2 months back, on 26 nov 2015 one of my regular credit client since 2011 had given me 8 kg parcel for lucknow city, as everyday i booked that parcel and forwarded to kanpur hub on the same evening , kanpur hub received it at early morning and forwarded the same to lucknow branch , but after complain from sender , when we enquired , lucknow branch started denying that they have not received the concerned parcel. But kanpur branch kept on saying that we have already forwarded the parcel to lko and it is also mentioned in company website, Sir i being a franchisee from jhansi kept on requesting both the branches telephonically, also brought into the notice of senior persons, after getting no proper responce i wrote to company directors for help and in finding the parcel, here in jhansi i also briefed the sender about whole episode, but on 28 march, medical branch police arrived at my office and took me to there thana and kept me sitting for 3 hours , sender party also arrived, both police and sender threteaned me of dire consiquences and told me to that they are registering a case of amanat khyanat dhara and will send me to jail, i kept on requesting them that i have done my job perfectly as always, it is the fault of company, it is there Lapse Of Service you pls go to cosumer forum but they were in no mood to listen, they gave me 7 days time to find out the parcel or i should deposit 60 lacs ruppees to them, because that parcel contained few files worh of 60 lacs, i pleaded , i am a simple courier franchissee, why you all are harassing me. Sir pls guide me can they send me to jail in a matter where i did my job perfectly as always, what are the options i have . sender is Sriram transport finance company they finance vechiles . regards JOY CHATTERJI
Asked in Criminal Law from Jhansi, Uttar Pradesh
1) you dont have to pay Rs 60 lakhs
2) you have forwarded the parcel to Kanpur hub
3) take printout of website which shows parcel sent from kanpur to lucknow .
4) if parcel contained files of value of Rs 60 lakhs then sender should have insured the parcel
5) you can issue legal notice to courier company in this regard to return parcel sent for on ward delivery as it has not been received by the addressee
1. first you take written details from kanpur branch that consignment was shipped to lucknow.
2. you furnish such details to the sender.
3. file a case against sender under section 384/504/506 IPC for extortion and threatening.
4. When an act is done in the course of process it is presumed that act has done accordingly. Section 15 & 114 evidence act are supporting your act.
5. you'll get proper relief from the court.
6. If sender had mentioned value of shipped article in the receipt company is bound to give that amount only. Sender cannot claim that files are worth of 60 lakh.
You are not liable for the deficiency in service committed by the company. The liability, civil and criminal, rests on company alone. Since you have been threatened of FIR and arrest you should move the High Court to seek stay on arrest.
You have stated that you have contacted the company directors, what is the reply or result?
You should immediately file a complaint against the company to which you have forwarded the parcel for not delivering the parcel.
You can file a AB petition before high court stating that the police are harassing you and threatening to remand you hence to grant you anticipatory bail or in the absence of any FIR, an order to not to arrest you in the vent of a subsequent FIR being registered against you.
After getting this order, you may initiate the follow up action to locate the missing parcel through the courier sources and also through the top level of the courier service company.
For the present file an application for anticipatory bail and get an order to not to arrest in the absence of any FIR.