West Bengal

Paschim Midnapore

CC/46/2013

Sri Gouranga Ghosh - Complainant(s)

Versus

Jagat Mata Cold Storage Pvt. Ltd - Opp.Party(s)

29 Aug 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.46/2013                                                         Date of disposal: 29/08/2014                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

  

    For the Complainant/Petitioner/Plaintiff : Mr.    Chakraborty, Advocate.

    For the Defendant/O.P.S.                        : Mr. A.K. Dutta, Advocate.                                   

          

    Sri Gouranga Ghosh @ Biswajit Ghosh S/o Late Kartik Chandra Ghosh, Vill. Sitanagar, P.O.

    Chandrakona, Chandrakona 721201, P.S.Chandrakona, Dist Paschim Medinipur…Complainant.

 

                                                           Vs.

1. Jagat Mata Cold Storage Pvt. Ltd., Vill. Nilganj, P.S. Chhatraganj 721201, P.S. Chandrakona, Dist Paschim Medinipur
2. Sri Basudev Guchait son of Badal Chandra Guchait, Vill. Palaschabrighat, P.O. Korasia  721201, P.S. Chandrakona Town, Dist Paschim Medinipur
3. Sri Salil Kumar Mandal, S/o Haripada Mondal, Vill.- Kushapata (Ansha, Ward No.17 of Ghatal Municipality) P.O. Ghatal 721212, P.S.Ghatal, Dist Paschim Medinipur..……………Ops.

          The case of the complainant Sri Gouranga Ghosh, in short, is that the complainant agreed to purchase potato bonds for storing potatoes and to avail of loan facilities as to market price of the potato at the material point of time in accordance with the advertisement of the Op.  Further condition was that the loan amount to be repaid @ 15% p.a. within 30/09/2012, failing which the Ops are at liberty to sell the potatoes with the intimation and adjustment of self proceed against the loan.  The storing rent was fixed at the rate of 59/- (Fifty nine) only per bag i.e. 118/- (One hundred eighteen) only per quintal.  Storage up to 5% of total potatoes stored in the cold storage.  Accordingly, 35450 Kgs. worth of 121000/- (One lakh twenty one thousand) only on different dates and the potatoes were scheduled to be realized after 30.09.2012.  It is alleged, that in the 1^st week of October 2012 the complainant was advised by the Op   for delaying the release of potatoes

Contd………….P/2

 

                                                                                                       ( 2 ) -

 

till November 2012 on the plea of increasing tendency of the potato price and similarly phase by phase even after expiry of second week of November 2012.  Ultimately, the complainant came to the storage and got information that the potatoes were partly sold and the sell proceed were adjusted against the loan and its interest.  No accounts thereof  was handed over to the complainant.  So, again on 20.11.2012 when the complainant came to the Op he came to know that the entire potatoes were sold out and the proceeds were adjusted against loan and interest.  This time, no accounts thereof was given to the complainant.  The complainant further alleged that all the original documents are kept in the custody of the Op and nothing was paid in favour of the complainant.  In this connection, it is submitted by the complainant that there was good scope for benefit out of the sale proceed of the potatoes in the open market because at that time in November 2012 the price of the potato was high.  In the subject, the complainant prepared a statement of accounts in this petition of complaint and claimed that there is strong case of deficiency in service which apparently causes loss of huge amount of money.  Thus, the complainant prays for compensation of rs.260180/-.     

           The Op contested the case by filling written objection challenging that the case is not maintainable for want of cause of action and the allegation made therein is categorically denied.  In this connection, it is submitted that the Ops are running a Small Scale Industry as per Government rules and many potato cultivators and businessmen are storing potatoes in their cold storage.  Till date there is no complaint against them on storage of potato and loan.  Here the complainant stored potatoes and applied for loan.  In this connection, there was agreement in the form of Angikar Patra to the effect that loan amount will be repaid with interest within 30.09.2012 failing which the potatoes will be sold out for adjustment of the loan.  After expiry of the stipulated date the complainant failed to pay the loan and thereby the Op has right to sell out the potatoes.  Accordingly, at the instance of failure to repay the loan despite due notice the stored potatoes were sold out by the Op in terms of potato loan agreement on auction sell at a very low price which is known by the complainant.  An amount of rs.158227/- was the loan amount including interest and after sell the complainant receipt rS.154595/- less rs.3932/- which is still unpaid by the complainant.  Stating the reply in the way of written objection , there is no deficiency in service on the part of the Ops and thereby the case should be dismissed.         

          Upon the case of both parties the following issues are framed.

Issues:

1. Whether the case is maintainable in its present from?
2. Whether the complainant has any cause of action for presentation of this petition of complaint?

Contd………….P/3

 

                                                                                                                ( 3 ) -

 

 

 

3. Whether the agreement for sale is valid legal and enforceable against the complainant?
4. Whether the complainant is entitled for getting relief as prayed for.?

Decision with reasons

Issue Nos.1 to 4:

              All the issues are taken up together for discussion as those are interlinked each other for the purpose of arriving at a correct decision in the dispute.

              Ld. Advocate for the complainant made his argument that admittedly the complainant stored potatoes and took loan and the sale process of the potatoes was to be adjusted against  the loan and interest as on 30.09.2012.  In spite of repeated request on different dates for realizing potatoes but the Op did not do so nor did he submit any accounts report referring to the document under exhibit no.3, the sale price of potato was between rs.1100 to 1200 in November 2012 whereas Government retail price between Rs.1250 to 1300.  From the statement of account Exhibit A it is found the rate of potato was between Rs.200 - 435 per quintal from December 2012 and January 2013 which is baseless and absurd in order to causing financial loss to the complainant and against the evident (Angikar Patra).  So there is sufficient material to establish the case of deficiency in service against the OP and as such the complainant is entitled to get compensation.

        Ld. Advocate for Op on the other hand made his argument that the Op has right to sell potato with due intimation for adjustment of the loan and interest as on 30.09.2012.  After sale if the said proceed exceeds the amount of adjustment, the same will be refunded to the complainant.  This is the terms and conditions as agreed by the parties and there is no scope for raising this claim.  Apart from that the complainant never approached to the Ops for loan accounts.  The documents produced by him is nothing but some product of manufacture papers.  Thus the story of complaint case has no merit against the Ops and thereby the case should be dismissed.

        We have carefully considered the case of both parties.  It appears that admittedly the complainant made storage of potatoes against loan under certain terms and conditions stipulated in the agreement (Angikar Patra), Exhibit -1(a), 1(b), 1(c) & 1(d).  It was agreed by the complainant that on expiry of 30.09.2012  in the event of non payment of loan, the Op will be at liberty to sell out the stored potatoes even without permission of the complainant to that effect.  It was also agreed by the complainant that in case of low market price of the potato prior to the said date  not befitting to the total amount of rents, loan taken and its interest etc., the surplus

Contd………….P/4

 

                                                                                                                    ( 4 ) -

 

 

 

amount  if any for adjustment shall paid by him. Admittedly, the stored potatoes were sold out by the Op.  Here the allegation raised by the complainant  that the Op did not supply any statement of accounts.  To the contrary OP reported to the complainant that  after sale of potatoes, the entire proceeds thereof were adjusted against the loan and its interest.  In this connection, the

agreement dated 2.03.2012, 15.03.2012 and 26.03.2012 wherein the complainant is found to have declared that the loan will be repaid within 30.09.2012, in default the stored potatoes will be sold out by the Op  without due permission from the complainant.  In the light of declaration made in the agreement, we cannot form any lawful opinion in absence of sufficient materials showing that the complainant moved before the Op in order to check, control or prevent the sale of his stored potatoes at the material point of time. Now with an object for getting surplus amount after adjustment of rents, loan and its interest with the sale proceeds, the complainant has moved before us. 

        Upon scrutiny of the oral evidence of the complainant as PW-1 it appears that he, on being cross examined, has out and out made clear reply to that he Cannot produce any document showing the market price of the potatoes had gone high in the month of December 2012.  No price rate was informed to him by the Marketing Officer.

        Considering the facts and circumstances, together with the evidence and the available materials on record, we do not find any reasonable ground towards the allegation of deficiency of service as alleged by the complainant against the Op.  Thus the case should fail.

        All the issues are disposed of accordingly.

                       Hence,

                           It is Ordered,    

                                                    that the case be and the same is dismissed  on contest  without cost.

Dic. & Corrected by me

              

         President                          Member              Member                             President

                                                                                                                    District Forum

                                                                                                                 Paschim Medinipur.