Complaint Case No. 34/2022

Devendra Kumar Gupta S/o  Sri Gajadhar Prasad Gupta R/o Naujalpur  Thana Sasni Distt. Hathras

V/s

1. Gaurav Varshney age about 50 years Prop. Parag Ice and Cold Stores, Gram Saharanpur, Mathura Road, Thana Madrak Distt. Aligarh
2. Manager, Parag Parag Ice and Cold Stores, Gram Saharanpur, Mathura Road, Thana Madrak Distt. Aligarh.

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for directing the Op for payment of Rs. 1212000/ with interest @18% per annum, compensation Rs.500000/ and litigation expenses Rs. 50000/
2. Complainant has stated that he had given 1010 packets potatoes to OP to store in cold storage. The rate of potatoes was Rs.1200/per packets. When the complainant went to cold storages to sale the potatoes the Ops denied. OP no.1 stated that he had sold 247 packets of potatoes which were sold without his consent. Ops refused to pay the price of 1010 packets of potatoes. The price of 1010 packets of potatoes is Rs.1212000   which was misappropriated by the Op.     

3. Ops did not submit WS and the case was not contested by them despite of sufficient service.
4. Complainant has filed his affidavit and papers in support of his pleadings.
5. We have perused the material available on record and heard the complainant.
6. The pleadings made by complainant are unrebutted and thereby complainant’s case stands proved. Complainant filed letter dated 25.8.2023 of Information officer of Naveen Mandi Sthal Danipur, Aligarh. On this letter the rate of one Kuntal of potatoes is Rs.935 in month October,2021. According this letter complainant is entitled for the price of the 1010 packets of potatoes i.e. 505kuntal of potatoes amounting Rs.472175.     
7. We hereby direct the Op to pay to the complainant the price of 1010 packets of potatoes Rs.472175 with pendente lite and future interest @9%  per annum with litigation expenses Rs.10000/.
8. Ops shall comply with the direction failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
9. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
10. File be consigned to record room along with a copy of this judgment.