Dhramveer Singh S/o Sri Rajpal Singh  R/o Talesara Post Talesara , Aligarh

V/s

Managing Director, Joyti SheetGrah Pvt.Ltd. Gahlu Iglas Gonda Road 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 following relief:-

1. Op be directed to price of potatoes Rs.146000 with interest.
2. Op be directed to pay the cost of notice, fare of the tractor, etc.  Rs.5000
3. Cost of case Rs.5000.
4. Compensation for harassment Rs.40000.

2. Complainant has stated that the potatoes seeds were stored in the Op cold store in the month March,2011. The potatoes packet total in number 488 were stored . On 14.10.2011 complainant asked the Munim to deliver the potatoes seeds but  munim told the potatoes seeds have been sold and he told to come after a week. When the complainant again went there and then no amount was paid. Complainant sent notice to op but nothing was paid.

3. Op admitted in  WS that the complainant had visited the cold store for storing the potatoes but rest of the allegations have been denied and it has been stated that the complainant had never visited to take the potatoes. OP tried to contact  the complainant to come and to take potatoes but he did not come within time to take the potatoes. Complainant is liable to pay the rent and labor charge Rs.43944 and to avoid the payment he had filed the false case.
4. Complainant has filed his affidavit and papers in support of his pleadings. Op has filed affidavit and papers in support of his pleadings.
5. We have perused the material available on record and heard the parties.
6. First question for consideration is whether the complainant is entitled to any relief?
7. It is clear that the potatoes seeds were stored by the complainant at the Op’s cold storages which were not returned to the complainant and thus he is entitled for the price of the potatoes seeds. Complainant stated that the price  RS.146000 and op has claimed the rent and labor charges Rs.43944 and thus complainant is entitled to get the amount Rs.146000-43944= 102056 with interest @6% per annum from the 14.10.2011 till the date of payment. He is also entitled to get Rs.3500 for litigation expenses and Rs.9000 for compensation for harrasment.
8. Question formulated above is decided in favor of complainant.
9. We hereby direct the Op to pay Rs. 102056 with interest @6% per annum from the 14.10.2011 till the date of payment. He is also entitled to get Rs.3500 for litigation expenses and Rs.9000 for compensation for harrasment.
10. 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.
11. 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.
12. File be consigned to record room along with a copy of this judgment.