Complaint Case No. 264/2011

Somendra  Singh S/o Sri Bijendra Singhh  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.83700.
2. Op be directed to pay the cost of notice fair of the tractor Rs.3000
3. Cost of case Rs.3500.
4. Compensation for harassment Rs.9500.

2. Complainant has stated that the potatoes seeds were storaed in the Op cold store on 17.3.2011. The potatoes packet total in number 279  were stored . on 10.10.2011 complainant asked the Munim to deliver the potatoes  seeds and he told to come on 14.10.2011. On 14.10.2011 munim told that the potatoes seeds have been sold. Complainant sent to 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 make to 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.24452 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 Ops cold store 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.837000 and op has claimed the rent Rs.24452 and thus complainant is entitled to get the amount Rs.83700-24452=Rs.59248 with interest from the 10.10.2011 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 complainant Rs. 59248 with interest @6% per annum from the the 10.10.2011 till the date of actual payment. Op is also directed to pay the complainant Rs.3500 as litigation expenses and Rs. 9000 as 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.