PERMANANT LOK ADALATH

ERNAKULAM
Application No. OP 90/2015
29/05/15
Applicant
Katson Traders
Represented by proprietor
M.C.Jolly
Banerjee Road
High Court Junction.
Ernakulum, Kochi-682031
Respondent
The professional couriers,
Represented by the Director
Jacob 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 Honble Authority. The

applicant and the

respondent are residing and functioning
Ernakulum within the jurisdiction of this Honble Authority.

at

The applicant therefore humbly pray that this Honble 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 29.05.2013
2.
Consignee Receipt No. 38857206, dated 29.08.2014 issued by the
respondent
3.
Letter dated 13.09.2013 issued by the applicant to the respondent
4.
Letter dated 18.03.2014 from the applicant to the respondent
5.
Lawyers Notice dated 09.05.2015
6.
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 HONBLE PERMANANT LOK ADALATH
at ERNAKULAM
Application No OP 90/2015
29.05.2015
KELSON TRADERS
Represented by Proprietor
M.C.JOLLY

Applicant

Respondent

Vs
The PROFESSIONAL COURIERS

Represented by the Manager

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

AUTHORITIES ACT 1987
K.P Suresh Kumar
Counsel for the Applicant