At [name of court]
Plaintiff: [F. I. O., address, telephone]
Respondent:
[name of organization
Postal Service]
[address, telephone, email address
Mail, INN, OGRN]
[Day, month, year] [F. I. O. plaintiff] from [specify post office] to [F. I.O., recipient's address postal item] a postal item with declared value was sent. In accordance with the inventory of the attachment, the postal item contained: [name and value of the attachment]. According to receipt N [value], the declared value of the parcel was [amount in figures and words] rub., the amount of the tariff fee was [amount in figures and words] rub.
According to Art. 16 Federal Law dated July 17, 1999 N 176-FZ “On Postal Communications” postal operators are obliged to ensure the forwarding of written correspondence to users of postal communications services within the specified time frame. Standards for the frequency of collecting written correspondence from mailboxes, standards for its exchange, transportation and delivery, as well as control dates for its shipment are approved by the federal executive body authorized by the Government of the Russian Federation. The terms for the provision of other postal services are established by postal operators independently.
According to [enter as required], the delivery time for a parcel from [place of departure] to [place of destination] is [time].
Note. Standards for the frequency of collection from mailboxes, exchange, transportation and delivery of written correspondence, as well as control deadlines for sending written correspondence, were approved by Decree of the Government of the Russian Federation of March 24, 2006 N 160.
The defendant did not deliver the postal item to the addressee within the specified time frame, which served as the basis for sending a claim to the defendant on [day, month, year] with a requirement to search for the postal item. Until now, the addressee has not received the mail.
According to Article 15 of the Civil Code of the Russian Federation, a person whose rights have been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount.
In accordance with Art. 34 of the Federal Law of July 17, 1999 N 176-FZ "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. Responsibility of postal operators arises for loss, spoilage (damage), shortage of attachments, non-delivery or violation of deadlines for sending postal items, carrying out postal transfers cash, other violations of established requirements for the provision of postal services.
Losses caused during the provision of postal services in the event of loss or deterioration (damage) of a postal item with a declared value are reimbursed 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.
Based on the above, guided by Articles 16, 34 of the Federal Law of July 17, 1999 N 176-FZ “On Postal Services”, Articles 131, 132 of the Code of Civil Procedure, I ask:
1. To recover from [name of defendant] in favor of [F. I. O. plaintiff] losses in connection with the loss of mail in the amount of [amount in figures and words] RUB.
Application:
1. A copy of the statement of claim.
2. A document confirming payment of the state fee.
3. Documents confirming the plaintiff’s position.
4. Power of attorney or other documents confirming authority to sign the statement of claim.
[signature of the plaintiff's representative]
[day, month, year]
For failure to fulfill or improper fulfillment of obligations to provide postal services, Russian Post is responsible to its customers. To receive compensation, you must submit a claim for damages.
An application for and shipments can be submitted on the page by logging in through account portal of State Services, or fill out the application form on the website, print and submit in any post office. To submit an application, you must attach the check (or a copy thereof) issued upon shipment, as well as present an identification document (when submitting the application at the post office). The application can be submitted by the recipient, the sender or an authorized representative of one of them.
The sender has the primary right to receive compensation; he also has the right to refuse compensation in favor of the recipient.
Applications to search for domestic and international postal items are accepted within six months from the date of dispatch. 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)
The Russian Post informs about the search results by registered mail to the postal address, or by letter to email address specified in the 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 from the date of recognition of the claim.
For shipments within Russia
For loss and damage to postal items with declared value, Russian Post pays compensation 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.
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 with a declared value was without an inventory of the contents, the Post 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.
In case of violation of the deadlines for sending postal items and making postal transfers for personal (household) needs of citizens, the Post pays compensation in the amount of 3% of the postage fee for each day of delay, but not more than the amount paid for this service. For violation of the deadlines for sending postal items by air - the difference between the fee for sending by air and land transport.
For international shipments
In case of loss, spoilage or damage to international registered items (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, 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 is the amount of the declared value and the amount of the tariff fee (except for the fee 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.
In the event of loss, damage or damage to part of an international shipment, Russian Post will compensate for its actual amount, but not more than the amount established for complete theft or damage to the shipment.
Russian Post is not responsible for violation of delivery deadlines, loss or damage to items:
- if these events occurred as a result of a natural disaster
- if the items were seized by the competent authorities
- if the parcel is lost or damaged due to the fault of the sender: due to improper packaging or properties of the items sent
For violation of the deadlines for sending parcels, the Russian Post pays a penalty to the client - a legal entity or individual entrepreneur who has entered into an agreement with the company, which is 0.1% of the fee for the forwarding service for each day of delay, but not more than the full cost of the service.
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 your package, go 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 at the 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 postage.
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;
- 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 settlement, – 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 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 limit 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
Ref. No.________ To the Arbitration Court of Moscow
115191, Moscow, st. B. Tulskaya, 17
Plaintiff: ZAO Garant-Expert
Address:……………………………………………………
Defendant: Federal State Unitary Enterprise "Russian Post"
131000, Moscow, Warsaw highway, no. 37
"EMS Russian Post" - branch
Federal State Unitary
enterprise "Russian Post"
119454, Moscow, Vernadskogo Ave., 18
Third person: ……………………………………
………………………………………………………
Cost of claim: 35,000 rubles
State duty: 2,000 rubles
on recovery of damage caused by loss of cargo during transportation
“_____”___________ 201__ dated …………………………….. in the name of the Closed Joint Stock Company “” (hereinafter referred to as the plaintiff, CJSC “Garant-Expert”) at the address: 129301, Moscow, st. Kosmonavtov, 7 bldg. 2, postal item No. EA055711800RU was received, with a declared value of 35,000 (thirty-five thousand) rubles. Delivery was carried out by the carrier “EMS Russian Post”, a branch of the Federal State Unitary Enterprise “Russian Post” (Appendix No. 1).
When a shipment is issued to the plaintiff by an employee of the “EMS Russian Post” branch of the Federal State Unitary Enterprise “Russian Post” ……………………………. An act of opening the parcel was drawn up, in which he indicated that there was nothing in the parcel (Appendix No. 2). Also, the courier "EMS Russian Post" ……………………… provided the EMS Moscow SC Report on the external condition of the defective item (container) No. ……….. dated “_____”___________ 201_ with attached him with photographs (Appendix No. 3). According to this act, the parcel bag was found opened, the label and seal “Russian Post” were inside the bag itself, the attachments were accessible, the seals were not visible, the difference in weight was 42 grams. After the inspection, it was decided to draw up a report on the difference in weight of the s/m, p/o, and seal access to the attachment (pasting it over) with tape with the “Moscow EMS” logo.
Thus, the fact of loss of cargo (shipment) by the defendant is recognized and not disputed.
In accordance with paragraph 1 of Article 793 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), in the event of non-fulfillment or improper fulfillment of transportation obligations, the parties bear responsibility established by the civil code, transport charters and codes, as well as by agreement of the parties.
By virtue of paragraph 1 of Article 797 of the Civil Code of the Russian Federation, before filing a claim against the carrier arising from the transportation of goods, it is mandatory to present a claim to him in the manner prescribed by the relevant transport charter or code.
A similar position is set out in Article 37 of the Federal Law of July 17, 1999 No. 176-FZ “On Postal Communications” (hereinafter referred to as the Law on Postal Communications), which establishes that in the event of non-fulfillment or improper fulfillment of obligations for the provision of postal services, the user postal services has the right to file a claim with the postal operator, including a claim for compensation for damage. Claims in connection with the loss of a postal item are made within six months from the date of delivery of the postal item.
Written responses to complaints must be given within the following deadlines:
for claims for postal items and postal transfers of funds sent (transferred) within one locality - within five days;
for claims for all other postal items and postal money transfers - within two months.
A claim against the organization of federal postal services can be made both at the place of receipt and at the destination of the postal item.
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 limit established for consideration of the claim, the user of postal services has the right to file a claim in court or arbitration court.
On December 28, 2011, a claim was submitted, along with the attached documents, to the “EMS Russian Post” branch of the FSUE “Russian Post” for reimbursement of the declared value of the lost postal item in the amount of 35,000 (thirty-five) thousand rubles (Appendix No. 4).
However, to this day, EMS Russian Post, a branch of the Federal State Unitary Enterprise Russian Post, has not provided the plaintiff with a response to the claim.
Article 38 of the Law on Postal Services provides that compensation for damage caused during activities in the field of postal communications is made voluntarily or by decision of a court or arbitration court in the manner established by the legislation of the Russian Federation.
In accordance with Art. 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen, as well as harm caused to property legal entity, is subject to compensation in full by the person who caused the harm.
By virtue of paragraph 2 of Art. 796 of the Civil Code of the Russian Federation, damage caused during the transportation of cargo and luggage is compensated by the carrier in the event of loss of cargo or luggage, with its declared value, in the amount of the declared value of the cargo.
Thus, damages in the amount of the declared value of the shipment, which is 35,000 (thirty-five) rubles, must be recovered from the defendant.
When filing a claim by payment order, a state fee in the amount of 2,000 (two thousand) rubles was paid, which, in accordance with Article 110 of the Arbitration Procedure Code of the Russian Federation, is subject to recovery from the defendant as legal expenses (Appendix No. 4).
Paragraph 5 of Article 36 of the Arbitration Procedure Code of the Russian Federation provides that a claim against a legal entity arising from the activities of its branch or representative office located outside the location of the legal entity may be brought to the arbitration court at the location of the legal entity or its branch or representative office.
In accordance with paragraph 4 of the Federal Law of November 14, 2002 N 161-FZ “On State and Municipal Unitary Enterprises,” a branch of a unitary enterprise carries out its activities on behalf of the unitary enterprise that created them. Responsibility for the activities of a branch and representative office of a unitary enterprise lies with the unitary enterprise that created them.
Based on the above, guided by Art. 15, 793, 796, 797, 1064 Civil Code of the Russian Federation, Art. 38 of the Law on Postal Services, art. 4, 27, 29, 35, 36, 37, 110, 125, 126 of the Arbitration Procedure Code of the Russian Federation
"Russian Post" in favor of the Closed Joint Stock Company "Garant-Expert" damages in the amount of 35,000 (thirty-five thousand) rubles.
Collect from the Federal State Unitary Enterprise
"Russian Post" for the benefit of the Closed Joint Stock Company "Garant-Expert" expenses for payment of state duty in the amount of 2,000 (two thousand) rubles.
Applications:
General Director……………………..
| Plaintiff: | ||
| TIN | ||
| Place of residence: | ||
| Telephone: | ||
| Email address: |
| Respondent: | ||
| INN, OGRN | ||
| Legal address: | ||
| Postal address: | ||
| Telephone: | ||
| Email address: | ||
| Fax: |
Claim price:rub.
Statement of claim
D. The Plaintiff, in accordance with receipt No., was transferred, and the Defendant accepted for forwarding registered letter(hereinafter referred to as Postal item). The postal item was sent to the address, addressee (recipient), with the assignment identification number shipment (tracking number or tracking number). The weight of the postal item upon dispatch was .
The tariff fee for the provision of postal services was RUB.
D. the postal item arrived at the addressee at its destination in.
According to sub. "a" clause 46 of the Order of the Ministry of Telecom and Mass Communications of Russia dated July 31, 2014 No. 234 "On approval of the Rules for the provision of postal services", postal operators are obliged to forward postal items and make postal transfers within the established time frame.
In accordance with Art. 20 of the Universal Postal Convention, member countries or their designated operators shall establish and publish their standards and targets for the delivery of incoming letter post items and parcels. This norm corresponds to Art. Federal Law of July 17, 1999 No. 176-FZ “On Postal Services”, which imposes the obligation on postal operators to provide users of postal services with information about the established deadlines for the provision of postal services.
Thus, the target deadlines for the delivery of written correspondence are approved by Decree of the Government of the Russian Federation of March 24, 2006 No. 160 “On approval of standards for the frequency of collection from mailboxes, exchange, transportation and delivery of written correspondence, as well as target deadlines for sending written correspondence” and depend on the place of delivery. In this case, the day of submission of the item is not included in the calculation of the deadlines for the passage of items, and the control periods for sending written correspondence between settlements included in various municipal districts of the constituent entity of the Russian Federation are calculated by summing up the corresponding control periods.
Based on the standards, the delivery time for mail across the territory of the Russian Federation is days. In fact, the postal item was in the Respondent's circulation for days. Thus, due to the fault of the Russian Post operator, delivery times were exceeded by
The responsibility of the FSUE "Russian Post" is determined by the Federal Law of July 17, 1999 No. 176-FZ "On Postal Services", where Art. 34 it is stated that in case of violation of the control deadlines for sending postal items and making postal money transfers for personal (household) needs of citizens, postal operators pay a penalty in the amount of 3 percent of the fee for the postal service for forwarding for each day of delay, but not more than the amount paid for this service, as well as for violation of the deadlines for sending mail by air - the difference between the fee for sending by air and land transport.
From which it follows that the amount of the penalty is calculated according to the formula:
| Chamber amount for postal services |
* | 3 % | * | Quantity days overdue |
Fee for the provision of postal services - rub.
Number of days overdue - days.
In total, the amount of the penalty is RUB.
D. The plaintiff in the manner prescribed clause 4 art. 55 Federal Law of July 7, 2003 No. 126-FZ “On Communications”, a claim was sent to the Defendant with a request, to which there was no response.
According to clause 6 art. 13 of the Law of the Russian Federation "On the Protection of Consumer Rights" No. 2300-1 of 02/07/1992 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 in the amount of fifty percent of the amount awarded by the court in favor of the consumer.
According to Clause 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights” No. 17 of June 28, 2012. the fine is collected in favor of the consumer.
According to clause 4, part 2, art. 333.36 Tax Code of the Russian Federation Plaintiffs in claims related to violation of consumer rights are exempt from paying state fees in cases considered by the Supreme Court of the Russian Federation in accordance with the civil procedural legislation of the Russian Federation, courts of general jurisdiction, and justices of the peace, taking into account the provisions of paragraph 3 of this article.
