This complaint petition has been filed by complainant Mithlesh Prasad Kushwaha against Pramod Gupta, Proprietor, Kantiprabha Cold Storage, Sarphudeen Maithi , Muzaffarpur,and one another (o.ps) for realization of Rs. 3,76,860/- for compensation due to non seedling of potatoes, Rs. 14,579/- as fee taken by cold storage and Rs. 15,000/- as litigation cost.
The, brief, facts of the case is that he was deposited 57 quintals of potatoes of good qualities in the Kanti Prabha Cold Storage, which is of o.ps, in the year 2015. The further case is that on 13-11-2015 he deposited all the charges of cold storage and took out his potatoes from the same. The further case is that the complainant grown up potatoes in 5 acres of land after providing fertilizers and other materials of Rs. 1,88430/-. The further case is that due to mis management and negligent Act of o.ps, the potatoes were put on in the cage provided for Sugar Free Potatoes, so the same couldn’t germinated and as such complainant sustained loss of Rs. 3,76,860/- as yeild of the potatoes. The further case is that on 14-12-2015 the complainant filed a petition before the District agricultural officer and District Horticulture Officer, Muzaffarpur and requested them to resolve the matter. The further case is that the o.ps appeared before the District Agricultural Officer, and assured the complainant to provide due compensation but they didn’t pay the same. The further case is that, lastly, on 23-12-2015 the complainant sent a legal notice through his advocate but in spite of the same the o.ps didn’t pay any compensation amount.
The complainant has filed the following documents with the complaint petition- Copy of rent receipt issued by Kanti Prabha Cold Storage-annexure-1, photocopy of legal notice -annexure-1A, photocopy copy of information petition given by complainant to District Horticulture Officers, Muzaffarpur -annexure -2, paper cutting -annexure- 2 A, photocopy of information petition dated 14-12-2015 filed by complainant to District Agriculture Officer annexure-3, paper cutting annexure-3A, Receipt of purchasing fertilizer & pesticides of Rs. 41975/- annexure-5 , receipt of compost manure -annexure-6, receipt for rate of compost manure annexure-7, receipt of labour cost for plantation of potatoes annexure – 7 A, details of expenses annexure-8.
On issuance of notices o.ps didn’t appear and lastly vide order dated 25-06-2018 / 11-10-2018 the Forum proceeded Ex. Party against o.ps.
The complainant has examined four witnesses on affidavit, they are Aw-1 Mithilesh Prasad Kushwaha (complainant), AW-2, Subhaschandra Prasad AW-2, Lal Babu Bhagat AW-3 & AW-4 Ravindra Kumar who have supported the version of complaint in their examination - in -chief.
The complainant has filed receipt of Kanti Prabha cold storage as annexure-1, which shows that 57.4 quintals potatoes were delivered from the aforesaid cold storage to the complainant on 20-10-2015. The complainant has also produced receipts of purchasing fertilizer and pesticides for Rs. 41,975/- as annexure-4. He has also produced a hand written receipt of Papu ray annexure-5 to show that Compost manure were put into the feiled of complainant and the cost of the same was of Rs. 22000/-. The complainant has also produced the receipt for labour cost for Rs. 33,000/- as annexure-7. He has also produced the total expenditure in plantation of potatoes as Rs. 1,88,575/- as annexure-8. He has also produced the information letter given to the District Agricultural Officers and District Horticulture Officer as annexure-2 & 3 which shows that information for not germinating the potatoes and negligent Act of o.ps were given to the officer concerned. The complainant has himself stated in his examination in chief that he sustained loss of Rs. 3,76,860/- due to non germination of potatoes in his 5 acres land. Nothing adverse is on record to controvert the evidence adduced on behalf of complainant.
On the basis of above discussion, we are of the considered opinion that the complainant has been able to establish its case against o.ps and there is deficiency on part of o.ps. So, the complainant is liable to get compensation.
Accordingly, the complaint petition is allowed with direction to the o.ps to pay the complainant a sum of Rs. Rs. 3,76,860/- as compensation for loss occurred due to damage of crop of potatoes, and Rs. 10,000/- as litigation cost within two months from the receipt of the order o/c to issue certified copy of the order to the complainant as per rule.
