Claim for the recovery of the value of the missing cargo

[Адвокат]

on reimbursement of the cost of shortage of goods as a result of transportation

The statement of claim to the arbitration court for reimbursement of the cost of shortage of goods as a result of transportation

STATEMENT OF CLAIM
to arbitration court

Form or corner stamp of the Arbitration Court
Sender Address: __________________________
(number, date) Claimant: __________________________
Defendant: _______________________

STATEMENT OF CLAIM
in the amount of ___________ rubles

"___" _____ 20 ___ We sent a complaint to the Respondent
N____ dated "___" _______ 20 ___ g. in the amount of _________ rubles for shortage
inventory items received by the forwarding driver
Defendant _______________________ (full name) under full material
a responsibility.
When receiving cargo (goods) by quantity from the driver-forwarding agent
____________________ shortage was found ________________________
(name of the missing product) in the amount of ___________________ rubles.
In accordance with Article 157 of the Charter of Road Transport of the RSFSR in
waybill N_____ from "___" _____ 20 ___ g. was done
mark of lack and with the participation of a representative of a disinterested
organization __________________, acting by proxy N_______
from "___" _______ 20 ___ g. and the forwarding driver an act of N_______ was drawn up
from "___" ________ 20 ___ g., certifying the shortage of goods (goods).
In this regard, the Claimant ______ from
"___" ______ 20 ___ of the year which he considered (or which he left
unanswered) and rejected for the following reasons (for one of them):
- lack of a bill of lading at the time of delivery
cargo;
- pass the deadline for the drawing up of the act;
- the absence of a certificate from a representative of a disinterested
parties etc.
We consider the defendant's objection unfounded, because (one of three):
- Missing documents required to review the claim
may be requested from the applicant indicating the time period for their submission;
- the waybill was in accordance with the law
form, although the Respondent rejected it as defective;
- the claim was filed after 30 days from the date
detection of shortages, which corresponds to article 163, part 1 of the Charter
automobile transport, allowing claims against
trucking companies within 45 days.
Based on the foregoing, please recover from ________________________
(name of the trucking company) cost of cargo shortage
(product) in the amount of ______________ rub.

Application:
1. Claim N______ of "___" ______ 20 ___
2. Act N_____ of "___" ______ 20 ___ g.
3. Consignment note N____ from "___" ______ 20 ___
4. A receipt for sending a claim to the Respondent.
5. Payment order for transfer of state duty.
Director (signature)

Source: https://zonazakona.ru/

 

[Адвокат]

To the Arbitration Court ____________
The address: _______________________

Claimant: _______________________
The address: _______________________

Respondent: ____________________
The address: _______________________

Cost of claim: ______________ rub.

STATEMENT OF CLAIM
to recover the value of the missing cargo

When accepting products (goods) delivered by the defendant to
Car No. ________ on the waybill No. ________
from "___" ________ ____, established shortage - _________ seats weighing
____________.
The fact of shortage is certified by the receipt of the consignee and the driver on
waybill, as well as the acceptance certificate,
drawn up with the participation of the same individuals.
Claim We Claimed _______ of "__" ________ ________ about
payment of the cost of the missing cargo, the defendant rejected (left without
answer) for the following reasons: ________________________________________
_____________________________________________________________________.
We consider the defendant’s refusal to satisfy the claim
unreasonable ______________________________________________________.
(indicate reasons)

Based on the foregoing and guided by Article.Article. 796 of the Civil Code of the Russian Federation, 132,
135, 136 of the Charter of motor transport of the RSFSR, as well as Art. 27,
125, 126 APC RF,

I BEG:

1. To recover from the defendant in favor of the plaintiff __________________________
rub., comprising the cost of the missing cargo.
2. Collect paid state duty _________________________ RUB.

Application:
1. A copy of the claim and evidence of its dispatch.
2. A copy of the response to the claim.
3. Copy of the bill of lading No. ____ from "__" _________
____ g
4. A copy of the acceptance certificate.
5. Copy of the invoice.
6. A document on sending a copy of the statement of claim to the defendant.
7. Payment order on transfer of state duty.
8. Copy of receipt.
9. A power of attorney or other document confirming the right to
signing a lawsuit.
10. Copy of certificate of state registration as
legal entity or individual entrepreneur.

Head (representative) _____________
(signature)

"___" __________ ____ g.

 

[Матушкин Андрей Николаевич]

Thank!