Case No.39/2017  

IN THE MATTER OF

1. Devendra Pal Singh S/o LokPal Singh, R/o  Nehra Pargana, Tehsil Koil , PS Lodha, District Aligarh

                             (Through: Advocate K L Sharma )

                                           V/s

1. Rahul Varshney, S/o Hari Omn Gupta, R/o Tejab wal gali, Brahmin Puri, Raja ji ka kunja, PS kOtwali, Aligarh ( Owner of Vaibhav laxmi cold stores, Aligarh).
2. Hemendra Sharma, S/o Arun kumar Sharma, R/o Nehra, (Post-lodha, Tehsil-Koil, PS, Lodha, Aligarh).                                                                                                                        

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhyaya, 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  the following reliefs-

1.  The Ops be directed to pay the value of Rs. 1,87,100 for 334  packets of potatoes.
2. Compensation Rs.50,000 for mental & physical damages.

2. The complainant has stated that he is a farmer. He deposited 201 packets of mota potatoes and 133 packets of gulla potatoes in the cold storage of OP no-1 in the presence of OP no-2 (Manager). He was given  a receipt of the above potatoes, signed by OP no-2. The complainant went to the cold storage for return of their packets of potatoes on 25-08-2016, but the packets were not there. OP no-1 told to the complainant that the potatoes were sold without giving intimation to the complainant. The complainant told to the OPS that the rate of one packet of gulla potatoes was Rs.500 and Rs. 600 for mota potatoes  at that time. OPS promised to pay the value of potatoes later on. On the promise of ops complainant visited number of times to cold storage for collecting the money. But they refused to pay.
3.  Ops did not file the WS despite of sufficient service and the case was proceeded ex parte against them.
4. Complainant has filed the affidavit and papers in support of his case.
5. We have heard the complainant’s counsel and perused the record.
6. There is unrebutted pleadings supported by the affidavit and papers filed by the complainant. There is nothing to disbelieve the complainant case.

Complainant case stands proved and he is entitled for reimbursement of the amount Rs. 187100/- the price of potatoes, Rs. 25000/- as compensation for harassment.

7. We hereby direct the OPS to pay jointly and severally to the complainant the price of the potatoes Rs. 187100/- with pendente lite and future interest @ 12% per annum and compensation for harassment at Rs. 25000/-.
8. Op shall comply with the direction within a month failing which OPs shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
9. 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.
10. File be consigned to record room along with a copy of this judgment.