Can I file a FIR against a delivery executive for withholding my package and defrauding me?

Community Forums Legal Advice India Can I file a FIR against a delivery executive for withholding my package and defrauding me?

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    • #58805 Reply
      User_f44702f3
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        User_f44702f3
        PARTICIPANT
        February 7, 2025 at 7:02 am
        The courier company isn’t co-operating because the delivery executive took OTP from me on a call. I know that it’s a silly mistake but I knew this guy for over an year(through other e-com deliveries) and he’s been delivering packages fine so far.

        The seller generously provided a replacement through other courier and I received it. However the original courier company or the delivery executives aren’t able to return the undelivered package to seller. The delivery guy is neither returning it nor letting me take it. He’s like “why do you care if you got a replacement?” and ignores my calls.

        The seller took a loss here and I want to make it up to them. I know it’s my fault for sharing the OTP before delivery but I wouldn’t have done that if I didn’t know him enough.

        He’s just mad because the seller filed a complaint against him for falsely marking the order as delivered. And he’s probably holding my package due to resentment. He’s an overall dishonest guy and defrauds ecom businesses all the time.

        Is there anything I can do here legally to get the package back so I can manually return it to the seller?

      • #58808 Reply
        User_e0b6de2d
        Participant
          U
          User_e0b6de2d
          PARTICIPANT
          February 7, 2025 at 7:18 am
          You can’t do anything because you willing gave the OTP.

          The courier company will definitely say that it’s your fault you can’t win though.

          Reimburse the seller of you otherwise move on.

          • #58811 Reply
            User_f44702f3
            Participant
              U
              User_f44702f3
              OP
              February 7, 2025 at 7:40 am
              Oh yeah, it’s my fault for giving the OTP so I’d reimburse the seller.

          • #58807 Reply
            Braveanvi8270
            Participant
              B
              Braveanvi8270
              PARTICIPANT
              February 7, 2025 at 7:49 am
              There is something missing in your story.

              Pls explain the bit around your fallout with delivery executive after sharing OTP and why did you raise complaint with seller saying delivery executive is not giving you item.

              Complete picture can allow right advice in this matter.

              • #58810 Reply
                User_f44702f3
                Participant
                  U
                  User_f44702f3
                  OP
                  February 7, 2025 at 8:16 am
                  He took OTP at night with a promise that he’ll deliver the package tomorrow. He usually drops the packages at a store for me to pick up(that’s how rural deliveries are performed here)

                  The next day I met him in person and he said “tomorrow, for sure” and he couldn’t deliver it the next day either. Then he stopped picking up my calls altogether.

                  I raised a complaint with the seller because I’ve been waiting for the package for over 30 days then the delivery guy ghosted me. I thought they could contact the courier company and fix this.

                  The seller gave me a store credit to place a new order until this one resolves. I got the replacement order through other means and the seller requested the courier to return the original package. However the delivery guy isn’t returning it so the seller asked me to talk to the delivery guy. I asked him to return it or give it to me so I can personally return it.

                  He’s been ignoring my calls for weeks. The courier company isn’t helping because I filed a complaint too late but I know they’re just making excuses because the seller raised a complaint within a few days.

                  The pickup location owner can confirm that I didn’t take a delivery and he’s holding my package with him. There has to be a legal way to get this fixed. He’s a dishonest guy and wants to keep the goods and told me to not worry about the seller. However I want to keep my relationship with the seller as a small business.

                  • #58812 Reply
                    Braveanvi8270
                    Participant
                      B
                      Braveanvi8270
                      PARTICIPANT
                      February 7, 2025 at 8:22 am
                      Technically you have given otp confirming delivery.

                      If you file a police case claiming delivery fraud, this will likely end up no where with your claim vs. Courier company showing proff of OTP.

                      Police will trust OTP as proof and will advice you of not making such foolish mistake.

                      • #58813 Reply
                        User_f44702f3
                        Participant
                          U
                          User_f44702f3
                          OP
                          February 7, 2025 at 8:34 am
                          I have some proof of him requesting OTPs through my WhatsApp. Maybe it can help the case a bit if he’s requesting OTPs online?

                          But yeah you’re right that it seems like a lost cause. Coercion feels like a good way to deal with bad actors in such cases but it can easily backfire.

                          • #58814 Reply
                            Braveanvi8270
                            Participant
                              B
                              Braveanvi8270
                              PARTICIPANT
                              February 7, 2025 at 8:36 am
                              Learned a lesson so move on would be a wise thing to do.

                    • #58806 Reply
                      Salonipanther485
                      Participant
                        S
                        Salonipanther485
                        PARTICIPANT
                        February 8, 2025 at 4:51 am
                        See you gave the OTP in good faith for the package. You havenโ€™t received it. Itโ€™s fraud. In that moment when the delivery guy assured you that give me the otp on the phone I will give the package was a contract in itself which the guy isnโ€™t willing to fulfill. Not just that he is willingly keeping a property which belongs to you. So cheating fraud and theft. Go ahead file that FIR. Just because you made a mistake doesnโ€™t mean you donโ€™t have a case considering the facts that you have narrated.

                        • #58809 Reply
                          User_f44702f3
                          Participant
                            U
                            User_f44702f3
                            OP
                            February 8, 2025 at 5:09 am
                            Thank you. That makes a lot of sense.

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