Punjab

Faridkot

CC/15/13

Gurcharan singh - Complainant(s)

Versus

Kissan Cold Storage - Opp.Party(s)

Avtar singh Sandhwan

27 Aug 2015

ORDER

  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

Complaint No. :        13         

Date of Institution :   20.01.2015

Date of Decision :     27.08.2015

 

Gurcharan Singh aged about 38 years s/o Nachhatar Singh s/o Balwant Singh r/o Panj Garrain Khurd, Tehsil  Bagha Purana, District Moga.                                                                    

.....Complainant

Versus

1. Kisaan Cold Storage, Shaheed Bhagat Singh College Road, Kotkapura through Proprietor/Partner/Owner S K Arora and Dev Raj.

2. S K Arora, Proprietor/Partner/Owner, Kisaan Cold Storage, Shaheed Bhagat Singh College Road, Kotkapura.

3. Dev Raj, Proprietor/Partner/Owner, Kisaan Cold Storage, Shaheed Bhagat Singh College Road, Kotkapura.

....Opposite Parties(OPs)

 

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

 

Quorum: Sh. Ajit Aggarwal, President,

               Smt Parampal Kaur, Member,

               Sh Purshotam Singla, Member.

 

Present: Sh A S Sandhu, Ld Counsel for Complainant,

              Sh Ashu Mittal, Ld Counsel for OP-1 and 2,

   OP-3 Exparte.

(Ajit Aggarwal, President)

                                          Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs seeking directions to OPs to make payment of Rs 2,35,000/- on account of 28 bags of  potato seeds damaged in the cold storage of OPs and loss in crop produce, compensation for harassment and mental tension suffered by complainant alongwith litigation expenses.

   2                                             Briefly stated, the case of the complainant is that complainant stored 28 bags of 50 Kg each of potato seeds in the cold storage of Ops and also fulfilled necessary requirements at that time. It is contended that on 9.10.2014, complainant approached the cold storage of Ops to receive his potato seeds for irrigation and Op-2 and 3  received their rent for cold storage and also issued a gate pass vide receipt no. 2630 dt 9.10.2014. When complainant received seeds from OP-2 and 3, he was shocked to see that seeds were damaged and were not in condition of sowing, he immediately told OPs about this, but they ignored him and lingered on the matter and told him to come after 2-3 days. Complainant again approached OPs after two days, but they ignored the matter and did not give any sufficient answer and finally refused to accept the rightful claim of complainant. On this, complainant moved an application vide no. 5460-L dt 27.10.2014 to Deputy Commissioner, Moga for testing the potato seeds from Baghbani Department and concerned department passed order no 460 dt 15.10.2014 wherein reported that 80 % of potato seeds of complainant were damaged and were not in condition of sowing. Assistant Director Baghbani, Moga also sent the report of same to Chief Agriculture Officer, Moga and same was also sent by DC, Moga to initiate necessary proceedings and to inform complainant about this. Chief Agriculture Officer, Moga vide letter no 3143 dt 11.11.2014 informed and advised complainant to approach Consumer Forum, Moga if Ops fail to pay the claim and therefore, complainant filed complaint before District Consumer Forum, Moga, who dismissed the complaint filed by complainant on the ground of jurisdiction and also directed him to file it afresh at Faridkot and therefore, complainant has filed the present complaint. Refusal of Ops to accept his rightful claim amounts to deficiency in service and trade mal practice on the part of Ops and has caused harassment and mental tension to complainant. Due to this act of Ops, complainant has suffered huge loss, which amounts to deficiency in service and unfair trade practice. Complainant has prayed for directing OPs to pay Rs 42,000/- for seeds and compensation of Rs.1,48,000/- for loss of crop alongwith Rs 40,000/-for harassment and mental agony suffered by complainant besides Rs 5,000/- as litigation expenses. Hence, the present complaint.

3                                              Ld counsel for complainant was heard with regard to admission of the complaint and vide order dated 22.01.2015, complaint was admitted and notice was ordered to be issued to the opposite parties.

4                                                 On receipt of the notice, the OPs filed reply taking preliminary objections that complaint is not maintainable as complainant has not come to the Forum with clean hands and has not complied with the provision of Section 13 (1) (C) of the Consumer Protection Act and is liable to be dismissed.  However, on merits, OPs have denied all the allegations levelled by complainant being wrong and incorrect and asserted that there is no deficiency in service on the part of answering opposite parties and asserted that there is no damage to the seeds and therefore, question of lingering on of the matter does not arise at all and even at the time of taking delivery of seed bags, complainant did not raise any objection and moreover, 37,000 bags of potatoes including potato seeds were stored in the store of OPs and the whole store material was in proper condition and there is no reason for damaging of 28 bags of potato seeds of complainant. It is further averred that complainant never approached OPs after taking delivery of his seed bags. It is asserted that allegations levelled by complainant are false and fabricated and no financial loss is caused to complainant. All the other allegations and allegation with regard to relief sought too were refuted with a prayer that complaint may be dismissed with costs against the answering opposite parties. 

5                                            Parties were given proper opportunities to lead evidence to prove their respective pleadings. The complainant tendered in evidence affidavit of Jasvir Singh Horticulture Development Officer as Ex.C-1/A, report Ex C/1/B, affidavit of Narinder Singh as Ex C-1, his own affidavit Ex C-2 and documents Ex C-3 to C-4 and then, closed the evidence.

6                                                In order to rebut the evidence of the complainant, Counsel for OP-1 tendered in evidence affidavit of Surjit Kumar as Ex OP-4 and documents Ex OP-1 to 3 and then, closed the evidence on behalf of OPs. 

7                                                                 We have heard learned counsel for parties and have very carefully perused the affidavits & documents placed on the file by complainant as well as opposite party.

8                                                         Ld Counsel for complainant argued that complainant is an agriculturist and sowing potato crops. The complainant had stored 28 bags of Potato seeds of 50 Kg each with Ops and fulfilled all the necessary requirements at that time. On 9.10.2014, complainant approached OPs to receive his seeds for sowing. OPs charged rent from him and also issued gate pass to the complainant which is Ex C-4. After receiving seeds from OPs, complainant found that seeds were damaged and were not in a condition of sowing. Complainant told this fact to the Ops but Ops ignored the same and told him to visit again after 2-3 days. Complainant visited OPs after two days but Ops did not give any satisfactory answer and lastly refused the rightful claim of the complainant. He moved an application to Deputy Commissioner, Moga for the testing of potato seeds from the Agriculture Department, who sent letter to the concerned department. The Agriculture Department vide its report dt 15.10.2014 reported that potato seeds of the complainant were damaged up to 80 % and are not in the condition of sowing.  Report is Ex C-1/B and affidavits of Jasvir Singh Horticulture Development Officer, Bagha Purana and Narinder Pal Singh Horticulture Development Officer, Bir Chrik who examined the potato seeds of the complainant and gave report dt 15.10.2014, are Ex C-1/A and Ex C-1. The Chief Agriculture Officer, Moga sent the report to Deputy Commissioner, Moga for necessary action. The Chief Agriculture Officer, Moga also sent letter dt 11.11.2014 to complainant and informed complainant about the report and advised him to approach Consumer Forum, Moga as OPs were not ready for settling the claim of the complainant. The complainant filed complaint before Consumer Forum, Moga, but the same was dismissed by Hon’ble Forum on the ground of jurisdiction and directed to file complaint before this Forum. All these acts of Ops amount to deficiency in service and mal trade practice and complainant suffered huge financial loss and mental agony due to damage of seeds as the complainant cannot sow the crop. Ld Counsel for Complainant has prayed for accepting this complaint and for recovery of price of seeds and also for loss of income from the potato crop and has also requested for compensation and litigation expenses.

9                                                    In reply to the arguments addressed by complainant counsel, ld counsel for OPs argued that complainant is not the consumer of  Ops and complainant has not come to the Forum with clean hands and concealed true facts. However, they admitted that complainant stored his potato seeds in their Cold Store and also admitted that complainant received back his seeds on 9.10.2014 but they denied the allegation that said seeds were damaged. Seeds of the complainant were in good condition. Complainant did not make any objection at the time of delivery of the seeds. There were 37000 bags of potatoes and potato seeds were stored in Cold Store of OPs and all of those were in proper condition and how only 28 bags of seeds of complainant can be damaged. Complainant never approached OPs after taking delivery of seeds. If there is any report of Agriculture Department, it is false and fabricated and procured by complainant in connivance with the said Department. There is no deficiency in service and trade mal practice on the part of OPs and prayed for dismissal of present complaint.

10                                               It is admitted case of the parties that complainant stored his 28 bags of potato seeds in the Cold Store of OPs and he received bags containing seeds on 9.10.2014. The case of the complainant is that his potato seeds were damaged in the Cold Store and were not worth sowing a crop. In support of his contentions, he placed on record copy of report given by Horticulture Department as Ex C-1/B and affidavit of Jasvir Singh Horticulture Development Officer, who examined the seeds of complainant and gave report. As per report of Agriculture Department, the potato seeds of the complainant were damaged up to 80% and were not good for cultivation. From the report of Agriculture Department, it is clear that potato seeds of complainant were damaged while stored in Cold Store of OPs, which amounts to deficiency in service.

11                                                 In the light of above discussion and keeping in view the aforesaid facts and circumstances of the case, we are fully convinced with the pleadings and evidence led by complainant and therefore, complaint  in hand is hereby partly accepted with direction to OPs to pay Rs 35,000/- as price of potato seeds with interest at the rate of 9 % per anum from the date 9.10.2014 i.e when complainant received his potato seeds from the OPs till final realization of the payment. OPs are also directed to pay Rs 10,000/-to complainant for harassment and mental agony suffered by him besides litigation expenses of Rs 5,000/-. Compliance of this order be made within one month of date of receipt of the copy of this order failing which complainant shall be entitled to initiate proceedings under Section 25 and 27 of the Consumer Protection Act. Copy of order be supplied to the parties free of costs. File be consigned to record room.

Announced in open Forum:

Dated: 27.08.2015

Member                  Member                President                                          (Parampal Kaur)       (P Singla)            (Ajit Aggarwal)