Fact of the case in short is that this Complainant stored some Potatoes in the O.P. / cold storage namely Muktakeshi Cold Storage Pvt. Ltd. / valued at Rs.4,31,025/- for its preservation.

This Complainant went to the O.P. cold storage before expiry of the storing period to take delivery of said Potatoes in exchange of original bonds in the month of November, 2013 and this Complainant came to know that his Potatoes kept in the said cold storage sold out on 22-10-2013 illegally by the authority of the O.P. cold storage.  So, this Complainant has filed this case and prays for making direction upon the O.P. to pay value of the said Potatoes amounting to Rs. 4,31,025/- and Rs.50,000/- as Compensation, and Rs.50,000/-  also as cost of litigation.

This case O.P. appeared; but subsequently, abandoned this case.  So, this case was heard exparte.

                                                                         Decision with reason.

We have carefully heard the submission made by the Ld. Advocate for the Complainant.

Perused the copies of documents and the affidavit evidence of PW 1 Complainant.  It appears that this Complainant has been able to prove by submitting documents and by giving oral evidence that he has stored some Potatoes valued at Rs. 4,31,025/-  in the O.P.

cold storage, for its preservation for certain period.

It also reveals from evidence of PW–1 that this Complainant PW-1 went to O.P. cold storage for taking delivery of the said Potatoes stored in the O.P. cold storage for its preservation

It also reveals from evidence of PW–1 that this Complainant PW-1 went to O.P. cold storage for taking delivery of the Potatoes stored in the O.P. cold storage for preservation and he came to know that his entire Potatoes stored in the said cold storage have been sold out by the O.P. cold storage authority.

We do not find any reason to dis-believe the unchallenged testimony of PW – 1 and unchallenged contents of documentary evidence.  So, we hold that the non-delivery of the Potatoes stored in the O.P. cold storage by this Complainant is nothing but a unfair and deceptive trade practice on the part of the O.P. / cold storage.

Considering the materials on record and evidence of PW-1 we hold that this Complainant is entitled to get to the tune of Rs. 4,31,025/-, value of the entire Potatoes stored in the said O.P. cold storage.

We do not like to award any amount towards compensation as we have directed O.P. to pay the price / value of the Potatoes stored in the O.P. cold storage; but we like to award Rs.3,000/- as cost of Litigation.

In the result complaint succeeds.

Hence, it is

                                                                                    Ordered

That the Complaint Case no.19 of 2015 be and same is hereby allowed exparte against O.P. cold storage.

O.P. is hereby directed to pay Rs. 4,31,025/-  value of the Potatoes to Complainant by thirty (30) days  from the date of receipt of this copy of Judgement; failing which it will carry simple  interest @ 9 % p.a. after expiry of said 30-days till its  full realization.

Rs.3,000/- also awarded as cost Litigation to be paid by O.P. to Complainant by 30-days from the date of receipt of copy of Judgement.

If O.P. fails to comply with direction made above within stipulated period, the Complainant is at liberty to get the order implemented with due course of law.

Prayer for Compensation and other reliefs is hereby rejected.

Thus the complaint is hereby disposed of.

Let a plain copy of this Judgement be supplied to the parties free of cost.