أسئلة وأجوبة
Where can I dispute recurring deductions by courier company for past shipments?
Dear lawyers,
I run a small business in Dubai and use a courier company for delivering goods to customers (with cash on delivery payment).
The courier accumulates COD payments and transfers them to us weekly, deducting their delivery charges. We have a renewing one-year contract with fixed shipping rates per kg.
Recently, the courier company started making additional deductions for past shipments, which were already shipped and paid for, including:
- In November 2023, they deducted approximately 1500 dhs for shipments completed in August and September 2023.
- In May 2024, they deducted 3596 dhs for shipments completed from January 2023 to December 2023 (that contract has already expired).
Previously, they explained that they "recalculated the parcel weights," but I cannot verify this because the items were shipped a long time ago (last year!).
Questions:
1. Where can I complain or raise a legal dispute?
2. What are the chances of winning a refund for the deductions?
3. Which law clause can I refer to?
Dear Questioner,
1) Where to Complain or Raise a Legal Dispute:
To address the issue of additional deductions made by the courier company without a valid explanation, you can take the following steps:
- Consumer Rights Department:
In Dubai, the Consumer Rights Department is responsible for handling consumer complaints and disputes. You can file a complaint with them regarding the unauthorized deductions made by the courier company.
- Dubai Economy:
Dubai Economy is another authority that oversees commercial activities in Dubai. They have mechanisms in place to handle disputes between businesses and consumers. You can reach out to them to escalate your complaint against the courier company.
- Legal Counsel:
If the deductions are significant and you believe they are unjustified, seeking legal advice from a lawyer specializing in commercial law or consumer rights could be beneficial. They can guide you on the legal options available to you.
2) Chances of Winning and Refunding Deductions:
The chances of winning and getting a refund for the unauthorized deductions depend on various factors such as the terms of your contract with the courier company, evidence you can provide to support your claim, and applicable laws and regulations.
Here are some points to consider:
- Contract Terms:
Review your contract with the courier company to understand if there are clauses that allow them to make such deductions retroactively. If there is no provision for this in the contract, it strengthens your case.
- Evidence:
If you have documentation like invoices, receipts, or any communication with the courier company that proves the payments were made as per the agreed terms, it will support your claim for a refund.
- Legal Recourse:
If informal channels like complaints do not yield results, you may consider taking legal action against the courier company. A lawyer can help assess your case and advise on the best course of action.
3) Law Clause Number to Refer To:
In Dubai, consumer rights are protected under various laws and regulations. While specific clause numbers may vary based on the nature of your complaint, you can generally refer to:
- Federal Law No. 24 of 2006: This law pertains to consumer protection in the UAE and outlines rights and responsibilities concerning consumer transactions.
- Dubai Law No. 15 of 2020: This law focuses on regulating e-commerce activities in Dubai and includes provisions related to consumer rights in online transactions.
By citing relevant consumer protection laws in your complaint or legal dispute, you can strengthen your position when challenging unauthorized deductions by the courier company.
Dear Questioner,
1) A lawsuit in court.
2) It depends on the agreement between the parties and the evidence each party will present.
3) There is no need to cite laws; you only need to prove the agreement between the parties and the breach on their part. The judge knows the law.
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that:
1) You can file a complaint with the Dubai Economic Department (DED) or the Dubai Consumer Protection Department (CPD). You can also seek legal advice from a lawyer who specializes in commercial disputes.
2) It will depend on the evidence you have to support your claim and the terms of your contract with the courier company. If you have evidence that the deductions were not agreed upon in the contract or that the weights were not recalculated accurately, you may have a chance to win and get a refund.
3) You can refer to Article 246 of the UAE Civil Code, which states that any party who breaches a contract shall be liable for any damages caused to the other party. You can also refer to the terms of your contract and any clauses related to payment and deductions.
Kindly feel free to contact us at [-----] for further guidance.
Greetings,
Dear Questioner,
You must refer to the texts and conditions of the contract.
If there is a provision that prohibits the application of the condition of delivery according to weight to previous transactions, the delivery company is not permitted to deduct any amounts from the transactions that take place under the new contract.
Therefore, you can file a lawsuit in court against the delivery company and demand that it return the deducted amount along with compensation as well.
If anything else is required, don’t hesitate to contact us via email at [------] or call our offices in Dubai at [------] or Sharjah at [------].
Jasim Al Haddad Law Firm
Legal Counsel and Consultations
Hello dear questioner,
If you have evidence that the shipping company makes additional discounts on shipments other than those mentioned in the contract, you can file a lawsuit claiming breach of the terms of the contract with appropriate compensation for the damage you suffered and termination of the contract.
For further clarification, please share your WhatsApp number.
