Between:

M.Puspavathi,

W/o M. Venkata Ramana,

Agriculturist,

R/o B. Nagi Reddy Palle Village,

Rudravaram Mandal- 518 510,

Kurnool District .                                        …Complainant

                                       -Vs-

M. Salamma,

Proprietor of M/s Sri Guru Veerabadra Rural Farmers Warehouse,

Shop No.649/A, Rudravaram to Nandyal Road,

Peruru Village,

Rudravaram Mandal - 518 510,

Kurnool District.                                               ...Opposite ParTy

This complaint is coming on this day for orders in the presence of Sri A.Prabhakar Reddy, Advocate for complainants and opposite party called absent and upon perusing the material papers on record, the Forum made the following.     

            ORDER

                  (As per Sri.T.Sundara Ramaiah, President)

   C.C. No.31/2012

1.     This complaint is filed under section 12 of C.P. Act, 1986 praying:-

(a)        To direct the opposite party to deliver 140 bags of Paddy to the complainant immediately;

And

(b)        In the event of not delivering the said property direct the opposite party to pay its;

         Value of Rs.1,68,000/- to complainant with interest from the date of filing of the petition;

(c)         To grant cost of the complaint from the date of petition;

And

(d)        To grant such other reliefs as the Honourable Forum may deem fit and proper in the circumstances of the case.  

2.     The case of the complainant in brief is as under:- The complainant is an agriculturist.  On 29-03-2011 the complainant stored 140 bags of paddy of 75 KGs each in the godown of the opposite party.  The opposite party issued receipt for storing the paddy of the complainant.  After storing the paddy in the godown, the complainant obtained loan from State Bank of India, Yerraguntla by pledging the stored paddy with opposite party.  The complainant cleared the loan on 22-09-2011.  After clearing the loan the complainant approached the opposite party and requested to release the paddy.  The opposite party postponed to redeliver the paddy.  The complainant got issued legal notice dated 28-12-2011 and it was returned.  There is deficiency of service on the part of opposite party. Hence the complaint. 

3.     Opposite Party set exparte. 

4.     On behalf of the complainant Ex.A1 to A5 are marked and sworn affidavit of complainant is filed.  

5.     Complainant filed written arguments.

6.     Now the points that arise for consideration are:

             i.                Whether there is deficiency of service on the part of opposite party?

            ii.                Whether the complainant is entitled for the reliefs as prayed for?

          iii.                To what relief?

7.      POINTS i and ii:- It is the case of the complainant that she is an agriculturist and that she stored 140 bags of paddy of 75 Kgs each in the godown of the opposite party on 29-03-2011.  The complainant in her sworn affidavit clearly stated that she stored 140 bags of paddy on 29-03-2011 and that the opposite party issued Ex.A1.  It is clearly mentioned in Ex.A1 Warehouse Receipt dated 29-03-2011 that the complainant stored 140 bags of paddy worth Rs.1,12,000/-.  It is also the case of the complainant that after storing the paddy in the godown of the opposite party, she obtained a loan from State Bank of India Yerraguntla and that she cleared the loan by 22-09-2011.  Ex.A5 is the statement of the Bank Account of the complainant.  In Ex.A5 it is mentioned that the complainant obtained loan and cleared it by 22-09-2011.  It is the specific case of the complainant that after clearing the loan she demanded the opposite party to redeliver the paddy and that the opposite party postponed it from time to time.  The complainant got issued legal notice to the opposite party and the same was returned un served.  The affidavit evidence of the complainant and documentary evidence available on record go to show that the opposite party failed to redeliver the paddy to the complainant.  There is deficiency of service on the part of the opposite party. 

8.     In the result, the complaint is partly allowed directing the opposite party to deliver 140 bags of paddy to the complainant or to pay Rs.1,12,000/- to the complainant within two weeks from the date of order, along with cost of Rs.500/-, on condition of the complainant paying the storage and other charges.  

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 31^st day of May, 2012.

          Sd/-                                          Sd/-                                  Sd/-

MALE MEMBER                   PRESIDENT                  LADY MEMBER

                                APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant: Nill                For the opposite party : Nill

List of exhibits marked for the complainant:-

Ex.A1                Warehouse receipt Negotiable/Non Negotiable valid up to

                29-03-2001 to 29-03-2012.

Ex.A2                Office copy of Legal Notice dated 28-12-2011.

Ex.A3                Return Postal Cover along with Acknowledgement.

Ex.A4                Postal Receipt.

Ex.A5                Account statement of Mrs.Majjiga Pushpavathi

dated 16-03-2012.

List of exhibits marked for the opposite party:- NILL 

  Sd/-                                 Sd/-                                  Sd/-

MALE MEMBER                   PRESIDENT                  LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//  

Copy to:-

Complainant and Opposite parties  :

Copy was made ready on             :

Copy was dispatched on               :