A courier company lost or damaged my parcel. How much compensation can I claim?
I sent an expensive item through a courier company and it never reached the recipient. The courier is offering a token amount only. Can I claim more? Before I spend money on it, I want to know whether Consumer Protection Act 2019, Section 2(11) gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.
Consumer Protection Act 2019, Section 2(11) and Carriage by Road Act 2007 is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.
Loss or damage of a parcel entrusted to a courier for consideration is a clear deficiency in service, regardless of any 'limited liability' clause printed on the consignment note.
Courts and Consumer Commissions have repeatedly held that a courier cannot unilaterally cap its liability to a nominal amount when it failed to offer the customer any real choice of declared-value insurance.
If you declared the value of the goods and paid a corresponding fee or availed insurance, you are entitled to compensation up to that declared value on proof of loss.
Even without declared value insurance, Commissions often award compensation based on the actual proven value of goods lost, going beyond the fine-print liability cap, when the clause is found one-sided.
Delay in delivery causing consequential loss, such as a missed tender deadline or a spoiled perishable shipment, can also be claimed with proof.
Practical steps: 1) Retain the consignment note, invoice of the goods sent, and any tracking screenshots showing the loss; 2) File a written claim with the courier company demanding compensation for the actual value lost; 3) If the courier relies on a low liability cap, dispute this citing the one-sided nature of the clause; 4) File a consumer complaint for the proven value of the goods plus compensation if refused.
If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Consumer Protection Act 2019, Section 2(11) carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in consumer law.
Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.