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B-215507 1 (1984-10-11)

handle is hein.gao/gaobadlyu0001 and id is 1 raw text is: ~THE COMPTROLLER GENERAL O I18ION . OP THE UNITED STATE8 WASHINGTON. 0. 0. 20543 FILE: B-215507 OATE: October 11, 1984 MATTER OF: Continental Van Lines, Inc. OIGEST: 1. Written notice of damage which gives bill of lading number and informs carrier that property owner intends to file a claim for damages is sufficient to rebut presumption that clear delivery receipt is correct. 2. Where carrier has supplied no evidence to demonstrate that goods were not damaged while in the carrier's possession, carrier has not met its burden of proof and, therefore, request for return of withheld funds is denied. Continental Van Lines, Inc. (Continental), has appealed our Claims Group's denial of its claim for a refund of $90, which the United States Marine Corps, Department of the Navy (Navy), withheld from Continental for damage incurred during transport by Continental of seven items of household goods owned by Marine Corps Lieutenant Tyson. We affirm the Claims Group's decision. Continental picked up the goods from Pensacola, Florida, on July 28, 1982, and delivered them to Whidbey Island, Washington, on August 13. The goods were unpacked upon delivery and Continental was given a delivery receipt (DD Form 619-1), which did not indicate that any goods were lost or damaged. Lieutenant Tyson, later inspected the goods and determined that seven items were damaged. On September 10, Continental received a notice of loss and damage (DD Form 1840), which stated that an unknown number of items shipped under government bill of lading (GBL) No. CP-981,943 and belonging to Lieutenant Tyson, were damaged. The notice also indicated that the estimaped. value of the damage was greater than $100 and afforded Continental the opportunity to inspect the goods. On January 27, 1983, Continental informed the Navy that it was denying'liability because the notice of damage was not timely. On March 2, the Navy notified Continental that Continental's denial of liability was not acceptable and that if payment was not received within 30 days, the Navy would institute a setoff action. Continental did not respond to this notice and the Navy withheld $90 from money owed to Continental.

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