PERMANANT LOK ADALATH

ERNAKULAM

Application No. OP 90/2015 29/05/15

Applicant

Katson TradersRepresented by proprietorM.C.JollyBanerjee RoadHigh Court Junction.Ernakulum, Kochi-682031

Respondent

The professional couriers,Represented by the DirectorJacob Vallanatt Road,Kochi-682018

APPLICATION FILED UNDER SECTION 22(C) OF THE

LEGAL SERVICES AUTHORITIES ACT, 1987

1. The applicant is running business in Ernakulum. This is the only sources of his livelihood of its proprietor.

2. The respondent is running the business of courier service with its operation office in Ernakulum in the address shown above and is represented by the manager.

3. The applicant entrusted with the respondent a consignment of electrical goods to be sent back to the manufacturer ABB, Bangalore on 29.05.2013 from whom it was purchased earlier. After satisfying all the conditions/requirements and receiving ₹ 750/- as their charge the respondent accepted as per docket No.038857206 dated 29.05.2013. The materials value of ₹ 17400/- as declared by the applicant was also accepted.

4. The consignment was not delivered to the consignee within the agreed time. The applicant knowing about this informed the respondent about the non delivery through telephone and letters.. The employee of the respondent agreed to look into the matter and deliver the consignment immediately.

5, The applicant believed the words of the respondent and waited in the belief that the consignment would be delivered by the respondent as agreed by them. The consignment has not yet been delivered to the consignee even now. The respondent has not informed the applicant about the whereabouts of the consignment and neither returned the consignment to the applicant if unable to deliver it to the consignee due to any reason.

6. The consignment of electrical goods was being sent to the manufacturer who on its receipt would replace it with other goods or its value would be paid to the applicant in accordance with the agreement with them.

7. Due to the failure on the part of the respondent to deliver the goods the applicant has suffered a loss of ₹ 17,400/- being the value of the electrical goods. Aggrieved by the non delivery and delaying delivery or compensating him the applicant caused to issue a registered lawyer notice dated 09.05.2014 to the respondent demanding them to deliver the consignment immediately to the consignee or to compensate the applicant by paying ₹ 50,000/- being the value of the consignment and the loss suffered by the applicant.

8. The notice was received by the respondent but they have neither sent any reply nor complied with the request in the notice. The respondent agreed to settle the matter by compensating but did not keep the word. Their attempt was only to prolong the matter.

9. The respondent has even though acknowledged this has in spite of all the pleadings of the helpless applicant failed to deliver the consignment. This attitude had caused considerable monetary loss, mental pain and suffering to this applicant. The applicant had also spent amounts towards travelling and corresponding expenses in

this matter.

10. The applicant is legally entitled to get the consignment delivered or get it returned or its value with the damage suffered. He is also entitled to and is claiming compensation for the loss suffered due to the non delivery or return of consignment. The applicant is also entitled to and

claiming compensation for the mental pain and suffering caused by the respondent. The applicant is entitled and is claiming ₹

50,000/- as total compensation under all the above heads.

11. The cause of action for filling this application arose on and after the respondent agreed to deliver the consignment on 29.05.2013 and on several occasions when the applicant had informed the respondent about the deficiency in service and on 09.05.2014 when the applicant sent a notice to the respondent. All the cause of action

occurred within the jurisdiction of this Hon’ble Authority. The

applicant and the respondent are residing and functioning at Ernakulum within the jurisdiction of this Hon’ble Authority.

The applicant therefore humbly pray that this Hon’ble Forum may be pleased to take this application by directing the respondent to pay to the applicant ₹ 50,000/-(Fifty thousand) with interest at the rate of 12% annum till payment with cost.

Dated this the 28th day of May 2015

Applicant represented by the Manager Partner

What is stated above are true and correct to the best of my knowledge and belief.

Applicant represented by the Manager Partner

Counsel for the Applicant

List of Documents

1. Debit Note - Purchase Return dated 29.05.20132. Consignee Receipt No. 38857206, dated 29.08.2014 issued by the respondent3. Letter dated 13.09.2013 issued by the applicant to the respondent4. Letter dated 18.03.2014 from the applicant to the respondent5. Lawyer’s Notice dated 09.05.20156. Acknowledgement card showing receipt by the respondent

Dated this the 28th Day of May 2015-08-04

Sd/-Counsel for the Applicant

( ### DOCKET)BEFORE THE HON’BLE PERMANANT LOK ADALATH

at ERNAKULAM

Application No OP 90/2015 29.05.2015

KELSON TRADERSRepresented by Proprietor : ApplicantM.C.JOLLY

Vs

The PROFESSIONAL COURIERS : Respondent

Represented by the Manager

APPLICATION FILED UNDER SECTION 22(C) OF THE LEGAL SERVICES AUTHORITIES ACT 1987

K.P Suresh KumarCounsel for the Applicant