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Author Topic: Courier claims I'm "Out of delivery area"  (Read 504 times)

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Offline Pimpom

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Courier claims I'm "Out of delivery area"
« on: July 10, 2016, 10:51:22 PM »
An item I bought from the online shop Snapdeal.com was sent by the courier Ecom Express. According to the tracking result, it arrived in my city on June 30, but it is still not delivered as of today, July 10.

I live near the centre of a state capital, beside the main road, surrounded by many important landmarks. One such landmark is right next door and I include it in my address. I receive 200-300 courier articles every year without any serious problem.

Ecom Express seems to be rather new in my city. Since I don't know their location or contact number, I sent an email to their Customer Care on July 4, asking for their local address and phone number. The reply did not give me the desired information, but said that the delay was caused by an "unforeseen backlog" and to "anticipate delay in delivery".

The next day, Snapdeal sent me an SMS saying that my address is "Out of delivery area" and directed me to collect the package from the courier. I emailed both Snapdeal and Ecom Express, saying that I cannot accept their "Out of delivery area" claim. I explained the details of my location and my previous experiences with other courier deliveries.

I also added to Ecom Express that I would take the matter to consumer court if my package was not delivered without further delay.

On July 7, I received a missed call from an unknown out-of-state landline number. In case the call was from Ecom Express, I tried to call back 4-5 times but could not get through. I tried again the next day, with the same result.

On July 8, Snapdeal called me and asked me if I wanted to cancel my order. I said 'no'. The same day, Ecom Express added a remark on the tracking result "Address Unlocatable - Consignee not contactable".

I have recently found out by asking other couriers the general area where Ecom Express is located. It's about 4 km from my location, but they don't know exactly where or their contact number.

What I'd like to ask of experienced members is -

1. Do couriers have legal right to arbitrarily declare delivery area limits within the city they are supposed to serve?

2. If I take the matter to the local consumer court (District Forum), do I have a good case?

3. What would be a reasonable amount to claim as compensation for all the time and effort I put in, as well as the frustration and the very real mental anguish I went through?

I will also appreciate any other advice and suggestions. Thanks in advance.

Offline adv.amarnath

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Re: Courier claims I'm "Out of delivery area"
« Reply #1 on: July 13, 2016, 09:26:21 AM »
It seems that you are very much aggressive to sue them in consumer forum. Everything you have explained save and except whether you have already paid for the item/ article which is supposed to deliver at your residence address or not? If your payment mode is "Cash on Delivery" then you do not have good case before the consumer forum.

Ingredients to file a consumer case is as follows:

1) There must be trader/service relationship
2) There must be a payment
3) there is unfair trade practice or deficiency of service on the part of trader
4) the purchased item should not be purchased for reselling purpose or for commercial purpose.


Please check the above key points before you file a consumer case on someone's wrong suggestions or provocation.
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Amarnath Sanyal
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Offline riteshmaity

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Re: Courier claims I'm "Out of delivery area"
« Reply #2 on: July 13, 2016, 12:12:24 PM »
Well advised by adv.amarnath.  :)
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Offline Pimpom

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Re: Courier claims I'm "Out of delivery area"
« Reply #3 on: July 20, 2016, 06:32:43 AM »
Sorry about the late reply. My nephew next door died on the night of July 11-12 and I could not come back to the forum earlier.

Updates and clarification:
My purchase was prepaid (I never buy anything COD). It's a "free shipping" item which I take to mean that the courier charges are included in the price. Although I don't know the details of the arrangement between Snapdeal and the couriers they use (it's a "Snapdeal Fulfilled" item), I don't expect Ecom Express or any other independent courier to carry a trader's consignments for free.

The item is for my own use.

On July 11, I received an SMS from Ecom Express giving the phone number of their local office and telling me (not a polite request) to "get in touch" with them. I immediately called the number and politely asked them to deliver the package that day or the next. They promised to do so, but have not kept the promise.

Later that same day, Ecom Express delivered a package for my son, "care of" myself at the same address. This gives the lie to their "Address Unlocatable" claim. I had a long talk with the delivery boy and asked him to bring my package the next day. He did not do so.

Offline riteshmaity

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Re: Courier claims I'm "Out of delivery area"
« Reply #4 on: July 21, 2016, 12:35:37 AM »
Looks like you have a good case. Give a notice and file the case.
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Offline adv.amarnath

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Re: Courier claims I'm "Out of delivery area"
« Reply #5 on: July 21, 2016, 08:53:05 AM »
As per your update, you must send a letter to snapdeal local office at your place including their courier's office giving them an opportunity to deliver the item with compensation. You can deliberately refuse to accept the article after sending letter to make your case more serious and putting different scenario to consumer forum carefully to get compensation and litigation cost.
Regards,

Amarnath Sanyal
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Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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