West Bengal

Bankura

CC/17/2021

Arif Hossen Midya - Complainant(s)

Versus

Murari Mohan Gorai Chandi Charan Could Storege Pvt. - Opp.Party(s)

Self

11 Sep 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.17 /2021

Date of Filing:  14/12/2021

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Self 

For the O.P: Ld. Advocate Sulagna Mandal

Complainant:

Arif Hossen Midya, S/O Aksar Ali Middya, Vill- Dhawja Narayanpur, P.O.Balitha, P.S. Kotulpur, District- Bankura

Opposite Party:

Chandi Charan Cold Storage Pvt. Ltd., Muidara, Kotulpur, District- Bankura                                                                                                                                                                             

 

 FINAL ORDER / JUDGEMENT  

Order No.18

Dated:11-09-2023

The Complainant is present in person by filing hazira.

O.P. is represented by the Ld. Advocate on record.

The case is fixed for delivery of judgement.

The Complainant’s case is that he being a farmer deposited his own cultivable produce of 90 bags / 45 Qntl. of potato seed with the O.P. Cold Storage on 06/03/2021 vide Bond No.928/90 standing in the name of his son Arash Midda. On 12/11/2021 the Complainant approached the O.P. for taking delivery of the deposited potato but the same could not be  delivered to him in due time. As a result the Complainant could not cultivate his land having incurred a great pecuniary loss. The matter was reported to the B.D.O. concerned on 17/11/2021 but of no effect. The Complainant has therefore approached this Commission claiming compensation of Rs.2,25,000/- with further compensation of Rs.75,000/-

O.P. contested the case by filing a written version contending inter alia that in the first week of November, 2021 the Cold Storage went out of order due to pipe leak of ammonia gas causing an unavoidable damage of stored potato of different cultivators. The O.P. through the intervention of the concerned B.D.O., S.D.P.O. and Agricultural Marketing Officer decided to dispose of the stored potato by giving adequate compensation which was settled at Rs.90,000/- per 100 kg. potato.

                                                                                                                                                                                        Contd……p/2

 

Page: 2

Their further defence case is that though all the Bond holders received compensation according to the settlement as is evident from the materials on record but the present Complainant refused to accept the same on the false plea that he is entitled to get more compensation for deposit of potato seed under the aforesaid Bond.

         -: Decision with reasons: -

Having regard to the facts of the case, contention, submission and documents on both sides   the Commission finds that admittedly there is no dispute with regard to the storage of potato variety in the cold storage of O.P. Only dispute which centers round between the parties is whether the variety of potato is full grown potato or potato seed. There is however no mention of potato seed in the Bond itself though the Complainant claims so. In absence of any specific recital and mention in the Bond or in any other document the Commission is not ready to accept the plea of the Complainant that it is the potato seed which he stored with the O.P. Cold Storage. Such plea of the Complainant is not acceptable as there is no provision of storage of potato seed as it is run by ammonia gas whereas Cold Storage which runs with Fion gas can accommodate only potato seed which is not however available in West Bengal but available in the State of Punjab, Uttar Pradesh etc.

 

Now the question is with regard to the quantum of compensation payable to the Complainant. At the time of hearing Ld. Advocate appearing for the O.P. in his usual fairness submitted before the Commission that they are ready and willing to pay compensation to the Complainant at some higher rate than the compensation which has already been disbursed to other Bond holders. Relying on the fair submission of the Ld.  Advocate for the O.P. and considering the material as well as agricultural loss of the Complainant the Commission fixes the liability of the O.P. to pay compensation to the Complainant @ Rs.3,000/- per Quintal of potato variety which comes to Rs.1,35,000/- (45 Quintals x Rs.3,000/-)  

The case therefore succeeds in part.                                                                                                                          

Hence it is ordered…….

That the case be and the same is allowed in part on contest but without cost.

O.P. is directed to pay to the Complainant Rs.1,35,000/- within a fortnight from this date failing which law will take its own course.

Both parties be supplied copy of this Order free of cost.

 

____________________                _________________          _________________

HON’BLE   PRESIDENT          HON’BLE MEMBER       HON’BLE MEMBER