Kobayashi university graduates apply for two construction division exam. Want the easy way, he would diploma mailed to students in Fuzhou, to help candidates. Unexpectedly, the diploma in the mail, but the process is CourierPost lost.
After the shipment is lost, Kobayashi missed the opportunity to apply for two construction division exam, to find a courier company claim compensation for economic losses 20,000 yuan. Express delivery company said, up to three times the postage only payment, which is 36 yuan, then Kobayashi filed a lawsuit to the court Fu'an Saiqi court.
The court held that diploma is documented and proven experience of school Kobayashi lost originals can not go through with specific memorable Kobayashi, it can be identified as having the personality of a particular commemorative items symbolic. Recently,http://miperroepileptico.com/profile.php?id=13142, the court courier company compensation for moral damages solatium 5000 yuan Kobayashi and postage loss of 12 yuan.
Event Review
Diplomas were only willing to pay postal courier company lost 36 yuan
Unexpectedly, the Post Express courier accidentally lost in transit, while they wait to use the diploma to apply for provincial construction division, very anxious. March 3, 2014, Fuzhou postal express logistics company issued note said: "The message January 18 postal express logistics company to reach Fuzhou Software Park Division, the message No results fall in the delivery way, now Division I declare Mail We lost. "
Kobayashi said the diploma was sent lost, causing him to miss two construction division exam registration time,outlet hogan italia, unable to take the exam, can only wait until next year, he wasted a year, and can not get the title, a serious impact on his career .
After the shipment is lost, Kobayashi found the courier company claim compensation for economic losses, but the courier company only agreed to by industry standards (according to Article 47 and the "express industry service standards" requirement "Postal Law", without the express insured loss occurs as the highest paid postage only 3 times) paid 12 yuan mailing fee three times,http://yidong.yidongezhan.cn/2038/news/html/?191071.html, which is 36 yuan, the two sides due to dispute over liability and compensation, so Kobayashi filed a lawsuit to the court Fu'an Saiqi court.
Court
Diploma whether they have symbolic significance as a focus of controversy Personality
Lin Fu Court Saiqi court judge after the contractor case, the two sides convened mediation.
Kobayashi said that after the diploma has been sent to lose, he told Fujian Vocational and Technical College for a replacement, but the school that "according to state regulations can not be reissued original graduation certificate, special attestation giving the original proof of loss."
It is understood that the original diploma and degree certificates are not retroactive, lost, it can only apply to school graduation certificate, the certificate shall have effect graduation and degree certificates, but the specific recognition depends on whether the employer.
Kobayashi believes that due to the diploma is lost, it can not apply for the construction of two provincial exam, it will delay the development of his career. Also missing diploma can not be retroactive, back to school only issued proof of qualifications, which in turn requires crisscrossing. CourierPost has requested compensation for the year can not apply for loss and mental solatium lead to total 20,000.
Express believes it is so important diploma,hogan outlet milano, Kobayashi will take important documents be sent by mail, there is a certain fault. Secondly, Kobayashi also stated in the complaint can go back to school issued proof of qualifications, indicating a diploma does not have irreversible nature, Diplomas do not have the personality symbolism, courier companies without compensation for moral damage. Furthermore, the express orders not only clearly documented statement required insured valuables, but also clearly documented the highest amount of compensation and so on. Kobayashi not be insured against valuables, can only be compensated for Kobayashi this message is not insured in accordance with domestic courier compensation standards.
I'm the judge has organized mediation, the two sides can not agree on compensation matters always views.
Court sentencing
Diplomas which are special mementos seeker awarded 5000 yuan
May 4, Fu'an Court conducted the verdicts.
Fu'an Court held that Kobayashi will mail its diploma by the courier companies, courier companies have lost in the delivery process, resulting Kobayashi can not be re-obtained the diploma of the original, their legitimate rights are being infringed, courier companies have this fault,http://www.tdxledu.com/thread-872134-1-1.html, should the law liability.
Kobayashi Kobayashi diploma is proof of attendance records and experience, with specific memorable Kobayashi, it can be identified as having the personality of a particular commemorative items symbolic. According to the Supreme Court "on the determination of tort liability Compensation of spiritual interpretation" provides Kobayashi seeks compensation for moral damages solatium 5000 yuan, legal basis, should be supported.
In addition, because the courier Kobayashi pay mailing costs 12 yuan, it should also be returned. The case during the trial, the courier company to claim them Kobayashi tort liability, compensation for loss can not enroll in the construction division exam 10,000 yuan for registration entertainment spend 5,000 yuan, totaling 15,000 yuan two claims lack legal basis and did not provide any evidence , the court not support it. Kobayashi then the judgment courier company to compensate the moral damage solatium 5000 yuan and 12 yuan postage loss.
Tips
Avoid valuables in the form of e-mail delivery
In this regard, I'm the judge to remind the general public, diploma and other similar items, although the value is not high, but significant, once lost is difficult to make up, we recommend that the general public to carry certificates and other items. Kobayashi lost like this shipment is not alone,nike air max 90 outlet, the express courier company lost in the delivery process actually has become an industry problem. Once the items lost, for determining the amount of compensation is a very controversial issue,http://sjh.bbs.windplay.cn/forum-53-1.html?mod=spacecp&ac=blog&blogid=, and sometimes have to go through legal channels to consumer rights, time-consuming and laborious. Express valuables,http://www.clarityenglish.com/englishonline/index.php?item/create_form/1, in order to avoid trouble and conflict, to avoid in the form of delivery of e-mail,outlet hogan italia, such as the need to send, in order to avoid trouble and conflict,nike tn femme pas cher, should take full account of goods insured.