At [name of court]
Plaintiff: [F. I. O., address, telephone]
Respondent:
[name of company
Postal Service]
[address, telephone, email address
Mail, INN, OGRN]
[Day, month, year] [F. I. O. plaintiff] with [specify branch postal service] to [F. I. O., address of the recipient of the 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 of the Federal Law of July 17, 1999 N 176-FZ “On Postal Services”, postal operators are obliged to ensure the forwarding of written correspondence to users of postal 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 authorized Government Russian Federation federal executive body. 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. Postal operators are liable for loss, deterioration (damage), lack 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 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 the authority to sign the statement of claim.
[signature of the plaintiff's representative]
[day month Year]
| Plaintiff: | ||
| TIN | ||
| Location: | ||
| Telephone: | ||
| Email address: |
| Respondent: | ||
| INN, OGRN | ||
| Legal address: | ||
| Mailing address: | ||
| Telephone: | ||
| Email address: | ||
| Fax machine: |
Claim price:rub.
Statement of claim
D. The Plaintiff, in accordance with receipt No., was transferred, and the Defendant accepted for forwarding ordered letter(hereinafter referred to as Postal item). The postal item was sent to the address, addressee (recipient), with the assignment of an identification number of the item (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 subject 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.
In accordance with 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.
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 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.
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 deadline for responding to a claim, if we are talking about shipment within one settlement- 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). Filing a claim There is no strict form of claim that will be submitted to the EMS of Russian Post or any of its regional branches.
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 the event 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 a special tracking number of the parcel, which can be seen on the receipt issued 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 actions 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 precisely 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, to forward 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.
from 31/12/2018
Many of us think that a claim with the Russian Post is an ineffective, if not useless, tool. And most people don’t even think that the losses caused are damage in the civil sense and can be recovered from, as well as from the Federal State Unitary Enterprise “Russian Post”. We will tell you about all these possibilities and ways to implement them. And in case of difficulties, you can always ask your question to a lawyer directly on the website.
Please note that the obligation to submit to the Russian Post is directly provided for by the Law “On Postal Services” dated July 17, 1999 No. 176-FZ.
Example of a claim to Russian Post
To the head of department No. 32
FSUE Russian Post
address: 302011, Oryol region, Orel,
st. Machinistov, 71
from Lunev Dmitry Konstantinovich,
address: 302051, Orel, st. Kurgannaya, 42-78
Claim to Russian Post
regarding the execution of a contract for the provision of paid services
On April 10, 2017, I handed over for dispatch from the post office No. 320 of the Federal State Unitary Enterprise "Russian Post" registered mail No. 458 - a registered letter with acknowledgment of delivery, addressed to the Prosecutor's Office of the city of Orel, destination address: 302056, Orel, st. . Radishcheva, 105. The postal item was assigned the identifier 36876168976168. The price of the service was paid by me in full and amounted to 115 rubles.
As of April 28, 2017, the mail has not been delivered. Whereas, in accordance with clause 6 of the Standards approved by Decree of the Government of the Russian Federation of March 24, 2006 No. 160, the control period for shipment within one city - the administrative center of a constituent entity of the Russian Federation - is 2 days. In this case, according to information electronic service The Federal State Unitary Enterprise of Russia, which is publicly accessible and, therefore, does not need proof, has violated the deadline for sending a letter by 15 days, as a result of which the letter has not been received to the addressee to date.
In accordance with Art. 33 of the Federal Law “On Postal Services”, in case of violation of the delivery deadlines, the postal operator is liable in the amount of 3% of the price of the service for each day of delay. Total: 15 days*3%*115 rub. = 51.75 rub. in addition, since such actions are taken by the employees of the Department on an ongoing basis (my claims dated 01/10/2016, 03/20/2016, 05/15/2016, 10/10/2016), in accordance with Art. 151 of the Civil Code of the Russian Federation, moral damage is subject to compensation, which I estimate in the amount of 3,000 rubles.
Based on the above, I demand, within 5 calendar days from the date of receipt of this claim, to compensate for the damage caused to me and pay a penalty and compensation for moral damage. Otherwise, I will be forced to go to court under a contract for paid services, incl. with compensation claim .
04/29/2017 Lunev D.K.
What violations will form the basis for preparing a claim against Russian Post?
The liability of the postal operator is provided for by law, as is its size and limits. When does it come?
Loss, any damage or damage, shortage is the basis for recovery of damages caused. As well as violation of the deadlines for sending postal items, their non-delivery in general.
The damage caused can be recovered, i.e. liability occurs in all cases, unless the Russian Post proves (they prove) the effect of force majeure circumstances (flood, emergency) or the properties of the mailing attachments. If the response to the claim is received with reference to such circumstances, write to Russia for a thorough investigation. Or start filing a statement of claim - the court will be obliged to consider not only the arguments of the parties at the court hearing, but also in support of such a position.
Limits of liability in a claim
The claim by Russian Post must be substantiated. Therefore, there is neither sense nor reason to come up with an estimate of the amount of damage caused. The law clarified that:
- if a postal item of declared value is lost, spoiled, damaged, Russian Post will fork out an amount equal to the declared value and the tariff fee (except for the tariff fee for volume value);
- if part of the contents of an item of declared value is lost - in the amount of the price of the remaining part indicated in the inventory, and if there is no inventory - in proportion to the weight of the damaged part in relation to the total weight of the item;
- loss or damage, damage to other postal items (registered) - double tariff fee, etc. The limits of liability are specified in detail in Art. 33 of the Law.
Most claims against Russian Post are related to violation of delivery deadlines for postal items. In such cases, the institution is obliged to pay a penalty. It is 3% of the cost of services provided for each day of delay, but not more than the price of the service provided.
How to file a claim with Russian Post
In drawing up and preparing this type of document, you will use the rules of pre-trial claims. We will tell you about the special rules.
Please pay attention to the deadlines. If a claim to Russian Post is related to late delivery or non-delivery at all, damage or loss of the item, or non-payment of funds, claims can be made within 6 months, but not from the date the violation was discovered, but from the date the postal item or transfer was sent.
It must be submitted exclusively in writing either to the office at the place of receipt of the postal item or at the destination.
Claims are considered - for postal items and money transfers within one locality - within 5 days, for all others - 30 days.
If you refuse to satisfy the requirements of the claim by the Russian Post, file a claim for the protection of consumer rights or in accordance with the norms of the Civil Code of the Russian Federation and depending on the situation.
Clarifying questions on the topic
Nikita Alexandrovich
Legal Advisor
Legal Advisor
Legal Advisor
Legal Advisor
OLGA
Alexei
Anastasia
Lyudmila Evgenievna
Alexei
Galina Stepanovna
CLAIM _________________________ in my name at the address _________________________ from _________________________, residing at the address _________________________, a postal item was sent to _________________________, _________________________. This postal item has been assigned the identification number _________________________ dated _________________________. However, to date I have not received the mail. According to the information posted on the official website of the Federal State Unitary Enterprise "Russian Post" in the "tracking of postal items" section, the last known location of the postal item is _________________________. _________________________ I contacted _________________________ with an application to search for postal item No. _________________________. According to the answer _________________________ from _________________________, as a result of consideration of my appeal, it was established that postal item No. _________________________ was lost during shipment to _________________________. Thus, FSUE Russian Post did not ensure the safety of the above postal item. In accordance with Article 16 of the Federal Law of July 17, 1999 N 176-FZ “On Postal Services” (hereinafter referred to as Law No. 176-FZ), postal services are provided by postal operators on a contractual basis. Under an agreement for the provision of postal services, the postal operator undertakes, on the instructions of the sender, to forward the mail entrusted to him or to carry out a postal transfer of funds to the address specified by the sender and deliver (hand over) them to the addressee. The user of postal services is obliged to pay for the services provided to him. Postal operators are obliged to ensure the forwarding of written correspondence to users of postal services within the specified time frame. The quality of postal services must comply with established standards, as well as information provided by postal operators on the conditions for the provision of these services. Based on Article 20 of Law No. 176-FZ, postal operators are obliged to ensure the safety of postal items and funds received from users of postal services. By virtue of paragraphs “a”, “b”, paragraph 46 of the Rules for the provision of postal services, approved. by order of the Ministry of Communications and Mass Communications of the Russian Federation dated July 31, 2014 N 234 (hereinafter referred to as the Rules), postal operators are obliged to forward postal items and make postal transfers within the established time limits; ensure the safety of postal items and postal orders received from users. According to Article 34 of Law No. 176-FZ, for failure to fulfill or improper fulfillment of obligations to provide postal services or their improper fulfillment, postal operators are liable to users of postal services. Postal operators are liable for loss, deterioration (damage), lack 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 reimbursed by the postal operator in accordance with the amounts specified in Part 2 of Article 34 of Law No. 176-FZ. By virtue of Article 15 of the Civil Code of the Russian Federation, a person whose right has 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. Since _________________________ were improperly fulfilled their obligations to provide communication services, I suffered losses in the amount of _________________________ rubles, a calculation of the amount of losses is attached to the claim. In connection with the above, on the basis of Articles 12, 15 of the Civil Code of the Russian Federation, Article 16, Article 34 of Law No. 176-FZ, paragraph 46 of the Rules, I ask you, within _________________________, to compensate me for the damage caused by the loss of postal item No. _________________________ dated _________________________ in amount _________________________ rub. I draw your attention to the fact that in the event of a refusal to satisfy the above requirements voluntarily, I, _________________________, will be forced to file a claim in the _________________________ court to protect my rights and legitimate interests. In this case, in accordance with Articles 88, 94, 97 of the Code of Civil Procedure of the Russian Federation, I, _________________________, will file a demand to recover from you legal costs associated with the consideration of this dispute in court. Please send a written response to the claim to the following address: _________________________ within _________________________ days from the date of receipt of this claim. Appendix: 1. Documents confirming the fact of sending the postal item. 2. Documents confirming the loss of the postal item. 3. Documents confirming the search for the postal item. 4. Calculation of the amount of damage. 5. Documents confirming the circumstances stated in the claim. Applicant _________________________ _________________________ _________________________
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