Orissa

Sambalpur

CC/36/2018

Ghanashyam RohidasB. - Complainant(s)

Versus

Ashish Kumar Agrawal - Opp.Party(s)

B.Sahu, S.K.Bose Adv. Etc

24 Aug 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 36/2018

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Ghanashyam Rohidas.,

S/O-Prasanna Rohidas,

R/O-Solpali, PS-Sason,

Dist-Sambalpur, Odisha.                                                        ………..…..Complainant

 

Vrs.

Ashish Kumar Agrawal

S/o-Gopal Agrawal,

Properietor of M/S Shree Krishna Cold Storage

At- Sason. Khairgaon, Po/Ps- Sason                                 ...………..Opp. Party

Counsels:-

1. For the Complainant                   :-Sri. B.Sahu, S.K.Bose, Advocate & Associates
2. For the O.P.                                  :- Sri. R.L.Agrawal & associates

 

DATE OF HEARING :XXXXXXXX, DATE OF JUDGEMENT : 24.08.2022

           Presented by Sri. Sadanada Tripathy, MEMBER,

1. The Brief fact of the Complainant is that the Complainant is a farmer and cultivating vegetables in Rabi season. The Complainant grew tomato in an area of Ac. 1.00 acres in his own land. The O.P had constructed a Cold storage for the purpose of dealing with all kinds of vegetables and fruit. The Complainant had kept total 130 treys of tomato in the cold storage of the O.P  on different dates and for which the complainant has to pay rent @ Rs. 150/- per quintal for two months or which ever is earlier the price of the vegetables rise. Each trey weights 25 kgs and accordingly 130 treys is Q. 32.50 kgs. On 09.05.2018 the Complainant withdrew 27 treys of tomato from the cold storage which was about q. 6.75 kgs. And brought those to weekly market falls on Wednesday at Rasiapali but unfortunately it was rotten as the O.P had dipped the tomato in salt water in a container. Thereafter on 10.05.2018 the complainant approached the O.P regarding the rotten of tomato and to pay the compensation towards loss but the O.P flatly denied to pay any compensation towards loss. At the time of keeping the vegetables in the cold storage the O.P had orally said the Complainant to pay the rent at the time of final lifting of vegetables. On 10.05.2018 when the Complainant inspected the cold storage of the O.P the vegetables were almost rotten. The Complainant has sustained a loss of Rs. 20/- per K.G for Q. 25.75 kgs. Which comes to Rs. 51,500/-.
2. The O.P appeared through his advocate and filed Vakalatnama but he has not filed any version. So case is decided on merit.

ISSUES

1. Is the Complainant is the consumer of the O.P?
2. Is there any deficiency of service in part of O.P?
3. Whether the Complainant is entitled for getting any relief?

Issue No. 1

Is the Complainant is the consumer of the O.P?

The Complainant had kept total 130 treys of tomato in rented basis in the cold storage of the O.P  on different dates and for which the complainant has to pay rent @ Rs. 150/- per quintal for two months or which ever is earlier the price of the vegetables rise. Hence he is the consumer of the O.P.

Issue No. 2

Is there any deficiency of service in part of O.P?

It is the duty of the O.P to take proper take care of the vegetables of the Complainant though he used the cold storage for business purpose. Hence the O.P has complete deficiency of service.

Issue No. 3

Whether the Complainant is entitled for getting any relief?

From the facts of the above, the Complainant is fully entitled for getting reliefs what he claims in his complaint petition from the O.P.

                            

ORDER

It is directed to the O.P to pay an amount of Rs. 51,500/- toward cost of vegetables to the Complainant and Rs. 10,000/-towards mental tension and monetary loss within 30 days from the date of order, failing which the amount will carry with 9% interest per annum till realization to the Complainant.

Order pronounced in the open Court today on 24th day of Aug, 2022.

Free copies of this order to the parties are supplied.