On October 31, Mr. Zhang, an employee of Xian Yuantong express company, reported to the Chinese business daily that due to operational errors, she mistakenly mailed more than 2000 yuan worth of cosmetics to Ms. Cui of Huayin City. After the company found out, it communicated many times, but the other party did not agree to return them.
Mr. Zhang said: on October 13, the receiver collected four or five cosmetic packages at home. After the sender filled in the mailing list, the receiver took the cosmetics and the mailing list back to the outlet for secondary packaging, including a package worth more than 2000 yuan and a package worth more than 100 yuan. After the second packing, the receiver pasted the mailing list of the two parcels wrongly, resulting in the wrong mailing. On October 14, Ms. Cui signed for the package worth more than 2000 yuan.
On October 17, the recipient of Miss Cuis package received wrongly reported that the package was wrong. Yuantong Express found that the package signed by MS Cui was wrong and communicated with MS Cui many times. Mr. Zhang said that at first, Ms. Cui didnt admit it. Later, she refused to return the cosmetics because they had been used or sent. After that, she couldnt get through the phone. To Ms. Cui unit consultation hope to help coordinate the settlement, but the other side said it was a private matter between the express company and Ms. Cui, the unit does not care. After the sender communicated with Ms. Cui for many times without any result, he is claiming for the loss from the express company.
According to the chat records between the sender and MS Cui provided by Mr. Zhang, Ms. Cui said that one of the facial cleansers had been used and others had been sent. On the morning of October 31, the reporter contacted Ms. Cui and asked if she had received the express package by mistake. Ms. Cui hung up on the ground of being busy.
In this regard, Zhao Liangshan, senior partner of Shaanxi Hengda law firm, believes that the express company sent the package wrongly. According to Article 122 of the general principles of the civil law, because other people have no legal basis and obtain improper interests, the person who suffers losses has the right to request him to return the improper interests. Ms. Cui, the addressee, has the obligation to return the property in the post. If she does not return the property in the post, she shall not only bear the return of the property in the post, but also bear the losses caused thereby. Zhao Liangshan suggested that the express company negotiate with Ms. Cui first. If the property no longer exists, it can be converted into equivalent currency for compensation. If the negotiation fails, the express company can file a lawsuit to the local court to solve the dispute.
Source: responsible editor of huashang.com: Li Chao, nb12814