The case of the complainant, in short, is that the complainant is a poor cultivator land he passing his days along with his family members with the poor income of cultivation and he is a Kishan Credit Card holder of Central Bank of India, Kamakhyaguri Branch vide Card No. 3224594838 and S. B. A/C No.2016326715. The complainant cultivated potato upon his own land measuring 1.09 dec. situated at Mouza- Madhya Nararthali under P.S. Kumargram, Dist- Alipurduar appertaining to Khatian No. 714 and plot No. 105, 128, 129 in the year 2016 and the complainant collected huge quantum of potato approx. 300 packets.
The further case of the complainant is that for the purpose of potato seeds the complainant desired to store 60 numbers of potato packets to the O.P and the complainant collected bond i.e storage space for storing the potato and the O.P also acknowledged and received a sum of Rs.600/- from the complainant against the said bond. As per Bond being No. 4368 the complainant was allowed to store his potato in O.P.Mo.1 within 28/03/2016. Thereafter as per terms and conditions of the said bond the complainant went to the said Cold Storage along with his potatos but the O.P No.2 denied to accept and store the potato packets of the complainant weighing about 3000 Kg and the staff of the O.P No.2 did not allow the complainant to enter into the Cold Storage resulting which the potatos of the complainant have been rotten for which the complainant sustained huge loss amounting to Rs. 1, 50,000/-.
Thereafter the complainant on several occasions requested the O.P to pay the damage money but the O.P did not pay any heed to it.
Hence, this case filed by the complainant with a prayer for compensation for damage of potatoes amounting to Rs. 1, 50, 000/- from the O.P as well as compensation for mental agony amounting to Rs. 50, 000/-.
Appearance made on behalf of the O.Ps before this Forum and filed W/V wherein categorical denials are made against the complaint. The O.P side raised some legal points denying the prayer of the complainant and prayed for dismissal of this case with huge costs.
The complainant filed some documents as per firisti in support of his case.
The complainant and the O.Ps have filed evidence on affidavit.
The complainant as well as the O.Ps have also filed written argument in support of their respective cases.
We have gone through the materials on record very carefully and also perused the documents which are lying on record and also heard arguments of the parties.
In this context, the following issues are necessarily come up for consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.2 (1)(d)(i)(ii) of Consumer Protection Act ?
- Has this Forum jurisdiction to try the instant case?
- Is there any deficiency in service on the part of the O.Ps?
- To what other relief/reliefs the complainant is entitled?
DECISION WITH REASONS
On perusal of the materials available in the record it is revealed that admission came out from the O.P side that the complainant has appeared before the O.Ps for keeping his 60 packets potatos in the Cold Storage (O.P No.1) of the O.P No.2 (Para- 14 & 15 of the W/V and Para-15 of the evidence in chief on affidavit form and Para -1 of the written argument submitted by the O.P side.
The receipt of payment amounting to Rs.600/- (Six hundred) issued in the name of Gopal Bhowmick (Complainant) by Riddhi Siddhi Cold Storage (P) Ltd. indicates that the complainant has booked space in the said Cold Storage for keeping his 60 packets of Potatos within 28.03.2016.
Khatian No. 714 of Mouza Madhya Nararthali, J.L. No.12, P.S. Kumargram within the District of Jalpaiguri speaks that total land measuring 1.09 decimal has been recorded in the name of Gopal Bhowmick (Complainant) which leads to presume that the complainant is a cultivator and with the strength of his such status he obtained” Cent Kishan Credit Card” from Central Bank of India, Kamakhyaguri Branch for an amount limited to Rs. 75, 000/-
As per Para 2 & 3 of the complaint the complainant has produced approximately 300 packets of Potatos from his land in the year 2016 and intended to keep 60 packets potatos in the Cold Storage (O.P.No.1) out of the said 300 packets for the purpose of seeds for which he booked space in O.P.No.1 by way of making payment of cash Rs.600/- as advance.
01 Packet = 50 KG. Therefore, 60 packets equal to (60 x 50 Kg) = 3000 Kgs, So, there is a room of doubt as to whether the complainant intended to keep his potatos for his future use (as seeds) for his own or for sale (Commercial purpose). Secondly, it is nowhere mentioned in the complaint and evidence-in-chief and nor in the written argument also submitted by the complainant that he intended to keep his potatos in O.P.No.1 (Cold Storage) for the purpose of earning his livelihood by means of self-employment.
Under this legal position we are unable to treat the complainant as a consumer.
This is the answer of Point No.1.
Considering the fate of Point No.1 discussion for consideration of the remaining points are needless.
Thus the instant case has failed to achieve its success on contest.
Hence, for ends of justice, it is,
ORDERED
that the instant case be and the same is dismissed on contest but without costs.
However, considering the violation of agreement/contract, if any, between the parties this order will not debar the complainant to approach the appropriate Court/Forum in accordance with law and to condone the delay he may seek assistance of the decision of the Hon’ble Apex Court reported in (1995) 3 SCC, 583 (Laxmi Engineering Works Vs P.S.G Industrial Institute).
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
