Compensation for damage. Compensation for material damage from Russian Post for lost parcels Statement of claim for violation of mail delivery deadlines

Situations related to the loss of a package in the mail occur quite often. What to do and what to do if your mail was lost? In this article, we will consider in detail the algorithm for monetary compensation for a lost parcel.

Step by step instructions

1. Try to find the package yourself.

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

2. Collect proof of shipment or payment for the package.

If you are the sender, then a cash receipt for postage payment is sufficient for compensation.

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

If you were unable to obtain a refusal, remember that the courts proceed from the fact that the addressee who paid for the parcel has the right to a refund if the sender does not claim it.

3. Write a statement about searching for the postal item.

Check the delivery deadline for postal items. After the deadline, write a search statement at the post office at the place of reception or place of departure.

The post office is obliged to accept the application regardless of the territory in which the parcel is no longer tracked.

Take from the postal representative a copy of the application with a mark of registration and delivery or another document to prove the submission of the application. The application review period is 30 days.

4. File a claim.

File a claim if Russian Post did not find the postal item. You can file a claim within six months from the date the parcel was sent.

In your claim, please include your passport details, parcel number, date and place of receipt of the parcel, destination, address and full name of the sender and addressee. List your losses. These include: the cost of the item being sent, which is determined by the sender based on the declared value, and the cost of postal services. If a parcel without a declared value is lost, you can only return the amount of postal services.

Calculate the penalty. The post office is obliged to pay it in the amount of 3% of the price of services for each day the parcel is delayed. The amount of the penalty should not exceed the amount of shipment (Part 5 of Article 28 of the Law of the Russian Federation “On the Protection of Consumer Rights”).

Attach to the claim a cash receipt confirming the shipment or documents of payment for the goods and calculation of the penalty.

The period for consideration of a claim is 30 days.

5. Go to court.

File a claim against the Russian Post Federal State Unitary Enterprise for the protection of consumer rights if the claim remains unanswered and the post office refuses to compensate for the damage or does not compensate it in full. Submit a statement of claim to the magistrate at your place of residence if the amount of the claim does not exceed 50 thousand rubles, and to the district court if the amount is over 50 thousand rubles. There is no need to pay a state fee for filing a claim.

The court will collect from the post office:

• the cost of the item being sent in accordance with the declared value;
• the amount of postal services;
• penalty;
• a fine of 50% of the amount of the claim for failure to comply with the voluntary compensation procedure.

In addition, the court will seek compensation for moral 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

To the Director of EMS Russian Post
branch of the Federal State Unitary Enterprise "Russian Post"
119454, Moscow, Vernadsky Avenue, building 18
From,
living at the address:
tel.:

Claim.

By me, on June 07, 2016, at the branch of the Federal State Unitary Enterprise “Russian Post”, a service agreement was concluded and an international EMS parcel with a number was sent to the United States of America.
The postal rate was ___ rubles __ kopecks, which is confirmed by a postal receipt.
On July 29, 2016, I applied for a refund due to failure to meet delivery deadlines.
According to the response dated September 26, 2016, the EMS postal item No. EA was considered lost.
In accordance with Art. 34 Federal Law of the Russian Federation “On Postal Services” for failure to fulfill or improper fulfillment of obligations to provide postal services or their improper performance, postal operators are liable to users of postal services. Postal operators are liable for loss, spoilage (damage), shortage of attachments, non-delivery or violation of deadlines for sending postal items, making postal money transfers, and other violations of established requirements for the provision of postal services.
Losses caused during the provision of postal services are compensated by the postal operator in the following amounts:
in case of loss or deterioration (damage) of a postal item with a declared value - in the amount of the declared value and the amount of the tariff fee, with the exception of the tariff fee for the declared value;

According to Art. 37 of the Federal Law of the Russian Federation “On Postal Services”, in case of failure to fulfill or improper fulfillment of obligations to provide postal services, the user of postal services has the right to submit a claim to the postal operator, including a claim for compensation for damage.
For claims regarding postal items and postal transfers of funds sent (transferred) within one locality - within five days;
Claims for all other postal items and postal money transfers - within thirty days.

Based on the above, I demand, within thirty days from the date of receipt of the claim, to reimburse the cost of the parcel in the amount of ___ rubles __ kopecks.

Application:
Copy of the application dated July 29, 2016.
A copy of the tear-off coupon dated July 29, 2016.
Copies of emails dated September 26, 2016.
A copy of the cash receipt dated June 7, 2016.
A copy of form No. EA 386354156RU.
Postal tracking report.

If the postal operator refuses to satisfy the claim, or if it agrees to partially satisfy the claim, or if the postal operator does not receive a response within the time period established for consideration of the claim, the user of postal services has the right to file a claim in court for compensation for damages caused, as well as compensation for moral damages and legal costs.

Full name
Date Signature

I came across this situation. The package left the local office and disappeared. Almost two months passed after the application to search for the shipment was submitted - no response was received. Two weeks ago I wrote again. The shipment contains an item purchased by me on Taobao, delivered from China and sent to me by an intermediary from Yekaterinburg via Russian Post, without evaluation or inventory. I believe that the package will no longer be found. Can I claim compensation for the loss of a postal item and the financial losses resulting from it? The sender has waived his rights to this item. As evidence, I can provide screenshots from the “personal account” on Taobao (if necessary, full access to the “personal account”), a photo of the product itself received by an intermediary in China, and a photo of the item immediately before sending by Russian Post with the postal identifier assigned to it, and also account statements about debiting funds.

Consultations: 40

To receive monetary compensation, you must submit an application to any branch of the Federal State Unitary Enterprise "Russian Post" in the same way as an application to search for a shipment. In this case, after establishing the fact of the loss of the item, you are required to pay compensation within 10 days.

For items without a declared value and an inventory of attachments, the rule is applied according to which the Federal State Unitary Enterprise “Russian Post” reimburses the tariff fee twice as much (Article 34 of the Federal Law of July 17, 1999 No. 176-FZ “On Postal Services”). Thus, it will not be possible to receive a full refund of the cost of goods and other losses directly from FSUE Russian Post.

However, the legislation of the Russian Federation also provides for a claim procedure for protecting consumer rights for improper performance of postal services. Before filing a claim in court, you should send a written claim to the branch of the Federal State Unitary Enterprise "Russian Post" where you should have received the parcel. In your claim, refuse the contract for the provision of postal services, indicate the actual circumstances of the situation. Do not forget to indicate your requirements, evidence confirming the legitimacy of the requirements. References to regulations are optional, but encouraged.

If, after 30 days from the date of filing the claim, it is left without consideration, your demands are not satisfied or partially satisfied, you should go to court to protect the violated right. Depending on the value of the claim, you will need to file a claim with either a magistrate or the district court. You can file a claim at your place of residence/stay.

In accordance with paragraph 1 of Art. 28 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights”, you have the right to demand in court full compensation for losses caused in connection with violation of the conditions for the provision of postal services. In addition, Art. 15 of the Law of the Russian Federation “On the Protection of Consumer Rights” provides for the possibility of obtaining compensation for moral damages for violation of consumer rights.

For international shipments In case of loss, deterioration or damage to international registered shipments (letter, parcel post, small package), 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 part of their investment - in the amount of the actual value of the missing or damaged part, but not more than 30 SDRs. In case of loss, deterioration or damage to the “M” bag, compensation will 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 fee (with the exception of the commission for registering the declared value). In case of loss or damage to a simple parcel, compensation is 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 Russian Post - we win the case

Info

This service allows you to track all stages of the shipment. Perhaps she is still on her way and there is still nothing to worry about. If the parcel was not found through the search and never reached the addressee, or if it was damaged or damaged, a claim will have to be filed.

How to sue the Russian Post Office?

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

• If any registered postal items are lost or damaged, the double tariff rate will be reimbursed;
• 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 against the postal service, you should use other methods 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 the 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 for lost parcels?

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

• service for filing electronic claims on the Russian Post website (https://www.pochta.ru/claim);
• online postal consultant;
• Russian Post mobile application;
• email();
• toll-free support phone number (8-800-2005-888).

If a claim is submitted for a poorly rendered international postal transfer service, it can be sent on the Russian Post website only after confirming personal data through the Unified Identification and Authorization (USIA) portal (State Services portal) or you can take it to the post office yourself.

How to sue the Russian Post for lost parcels

Applications to 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). Russian Post informs about the search results by registered mail to the postal address, or by letter to the email address specified in application, no later than 30 calendar days from the date of filing the application for domestic Russian postal items, and 2-3 months for international postal items. If the item is not found, the Post Office is obliged to pay compensation. Payment is made within 10 days. For shipments within Russia, Russian Post pays compensation for loss and damage to the contents of only valuable items. Compensation is paid in the amount of the declared value and the amount of the tariff fee (except for the commission for registering the declared value).

Compensation for damage

You can download the form of this document from the link at the end of the article. It must necessarily display the following information:

• name of the post office, full name of its director;
• 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 date of writing the document.

The main part of the claim contains the passport details of the applicant. 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, and 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, indicating its average market value.

Does anyone have experience in filing a lawsuit against Russian Post?

If an inventory of the attachment has been made, the Post will pay 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 item was without an inventory of the contents, the Post Office pays compensation in the amount of part of the declared value of the postal item in proportion to the ratio of the weight of the missing or damaged part of the package to the total weight of the item (not taking into account the weight of packaging materials). In case of non-payment (non-execution) of a 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 the amount of twice the tariff fee. In case of loss, damage or damage to part of their investment - in the amount of the tariff fee.

Sue the Russian Post Office

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 recover a penalty, a fine, or even compensation for moral damages from the post office. The amount of damage caused that can be recovered 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 Services”:

• If the parcel is lost, damaged or broken, then Russian Post is obliged to reimburse the declared value of this parcel and the tariff fee for its delivery;
• If any part of the parcel with declared value is lost, the post office will only reimburse the cost 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 Russian Post employees did not respond to the claim within the prescribed period or only partially compensated for the damage. In these cases, you will have to file a lawsuit in court at the location of the post office where the consumer’s rights were violated. The rules for its preparation are set out in Article 131 of the Civil Procedure Code of the Russian Federation.
The documents that will need to be attached to the claim are listed in Article 132 of this law. A sample claim for consumer protection can be found at the link at the end of the article. It is the protection of consumer rights, the provision of services of inadequate quality, that in most cases is discussed in legal proceedings 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 for non-delivery of letters?

As for the lawyer, I got the impression that she had nothing to show, but nevertheless, the postal representative filed an objection to the lawsuit. The Krasnoyarsk court recovered 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, for the forwarding of a first class letter with a declared value of 2.5 thousand rubles. However, during forwarding the letter was lost and was not delivered to the addressee. In this regard, the plaintiffs had to go to the capital to obtain international passports and visas. They incurred expenses for hotel accommodation in the amount of 31.5 thousand rubles. Sue the Russian Post Office Evgeniy Birger is a private individual. He is not authorized to check and evaluate the activities of Russian Post and has no legal basis for making any conclusions.

Reimbursement from Russian Post for lost/stolen parcels

Law of the Russian Federation “On the Protection of Consumer Rights”, when the court satisfies the consumer’s requirements established by law, the court collects from the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) for failure to voluntarily satisfy the consumer’s requirements a fine of 50% of the amount 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 Services”. Claims in connection with non-delivery, late delivery, damage or loss of a postal item or non-payment of transferred funds are made within six months from the date of submission of the postal item or postal money transfer.

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

If problems arise with the delivery of a parcel via Russian Post, the first thing you should do is write a written complaint to this service indicating all the circumstances of the case.

It is worth turning to the courts of general jurisdiction only if you cannot protect your rights by filing a claim with the Russian Post. The claim is transferred to the district court at the location of the post office where the consumer's rights were violated. If the defendant in the claim is the Russian Post, without indicating a specific branch, then the claim can be filed at the address of residence or registration.

Limits of liability of Russian Post

The grounds for filing a claim against the postal service can vary. But in most cases, they come down to either a violation of the deadlines for delivery of a parcel, parcel or express mail, or to the delivery of a damaged, broken or spoiled parcel. Another option is that the parcel or letter did not reach its addressee at all.

Many people in these situations do not want to actively defend their rights, do not want to waste time and nerves on supposedly useless actions. 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 recover a penalty, a fine, or even compensation for moral damages from the post office.

The amount of damage caused that can be recovered 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 Services”:

• If the parcel is lost, damaged or broken, then Russian Post is obliged to reimburse the declared value of this parcel and the tariff fee for its delivery;
• If any part of the parcel with declared value is lost, the post office will only reimburse the cost of this lost part indicated in the inventory. If an inventory was not drawn up, then the damage is compensated in proportion to the lost part to the total weight of the parcel;
• If any registered postal items are lost or damaged, the double tariff rate will be reimbursed;
• 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 against the postal service, you should use other methods to resolve 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 the special tracking number of the parcel, which can be seen on the check issued by the postal worker after receiving the parcel. This service allows you to track all stages of the shipment. Perhaps she is still on her way and there is still nothing to worry about.

If the parcel was not found through the search and never reached the addressee, or if it was damaged or damaged, a claim will have to be filed. A claim against the postal service is filed either at the address where the parcel was sent or at the address of its destination. This can be done within 6 months after the postal item is issued.

The period for responding to a claim, if we are talking about shipment within one locality, is 5 days. In other cases, you should expect a response within 30 days. If the case concerns international mail, the review period can reach 2-3 months (based on the Universal Postal Convention).

Making a claim

There is no strict form of claim that will be submitted to the EMS of Russian Post or any of its district branches. You can download the form of this document from the link at the end of the article. It must necessarily display the following information:

• name of the post office, full name of its director;
• 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 date of writing the document.

The main part of the claim contains the passport details of the applicant. 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, and 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, indicating its average market value.

Methods for filing a claim

The claim is submitted to the post office upon presentation of an identity card, after which it must be registered by the postal worker in a special journal or on a computer. The claim will need to be accompanied by any evidence of the provision of postal services (checks, receipts, contracts) and documents that confirm the amount of damage caused. In the best case, after considering the claim, the post office will pay the applicant full financial damage caused by poor quality services.

The Russian Post website outlines several options for filing a claim against the actions of the postal service using electronic means of communication:

• service for filing electronic claims on the Russian Post website (https://www.pochta.ru/claim);
• online postal consultant;
• Russian Post mobile application;
• email ( [email protected]);
• toll-free support phone number (8-800-2005-888).

If a claim is submitted for a poorly rendered international postal transfer service, it can be sent on the Russian Post website only after confirming personal data through the Unified Identification and Authorization (USIA) portal (State Services portal) or you can take it to the post office yourself.

Filing a lawsuit against Russian Post

Let's talk about how to sue the post office if Russian Post employees did not respond to the claim within the prescribed period or only partially compensated for the damage. In these cases, you will have to file a lawsuit in court at the location of the post office where the consumer’s rights were violated. The rules for its preparation are set out in Article 131 of the Civil Procedure Code of the Russian Federation. The documents that will need to be attached to the claim are listed in Article 132 of this law.

A sample claim for consumer protection can be found at the link at the end of the article. It is the protection of consumer rights, the provision of services of inadequate quality, that in most cases is what is at stake in legal proceedings with the Russian Post. The rights of the user of postal services that can be protected in this case are set out in. Filing a claim in this case is not subject to state duty.

The deadline for responding to a lawsuit is 30 days. Within the first 10 days, the court must notify the plaintiff whether his claim will be prosecuted. In some cases, if the proceedings require more time, the period may be extended by an additional 30 days.