Lost Parcel Refusal of Refund Philippines

Lost Parcel and Refusal of Refund from Seller

Question:

The client's parcel was lost, and neither the rider nor the seller is responding to the issue or agreeing to a refund. The client wants to know their legal options in the Philippines.

Answer:

Initial Steps:

1. Document Everything: Keep records of all interactions with the seller and rider, including any tracking information and payment receipts.
2. Contact Customer Service: If the transaction was conducted through an online platform, lodge a formal complaint with the platform's customer service.

Legal Remedies:

1. Small Claims Court: If the value of the lost item is within the threshold, you can file a small claims case against the seller for a refund.
2. DTI Complaint: You can lodge a complaint with the Department of Trade and Industry (DTI) under the Consumer Act of the Philippines, which may mediate between you and the seller or take further action.
3. Civil Case: If the amount involved is considerable, you can file a civil case for breach of contract or unjust enrichment.
4. Criminal Liability: A case for Estafa could be filed under the Revised Penal Code, although this would generally require evidence of deceit on the part of the seller.

Against the Courier/Rider:

1. Complain to Company: If the rider is employed by a courier company, you can file an official complaint with the company.
2. Legal Action: Depending on the facts, you may be able to file a civil or even a criminal case against the rider if there's evidence of negligence or malicious intent.

Online Platforms:

1. Online Arbitration: Some online shopping platforms offer dispute resolution services between buyers and sellers.

Disclaimer:

This article is for informational purposes only and should not be considered as legal advice. Consult a qualified lawyer for personalized legal assistance.