DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

Complaint Case No : CC/267/2020

Date of Institution : 13.10.2020

Date of Decision : 17.05.2024

Bahadur Singh son of Tota Singh resident of Village Aspal Khurd District Barnala-148101.     

                       …Complainant

Versus

Sargam Cold Store, Dhanaula through its Sole Prop./Partner/Authorized Person. 

                    …Opposite Party

Complaint under Section 35 of the Consumer Protection Act, 2019

Present: Sh. P.S. Aulakh counsel for complainant.

Sh. A.K. Jindal counsel for opposite party.

Quorum.-

1. Sh. Jot Naranjan Singh Gill : President

2.Smt. Urmila Kumari : Member

3.Sh. Navdeep Kumar Garg : Member

ORDER

 JOT NARANJAN SINGH GILL, PRESIDENT

1.    The complainant namely Bahadur Singh has filed the present complaint under Section 35 of the Consumer Protection Act 2019 against Sargam Cold Store, Dhanaula through its Sole Prop./Partner/Authorized Person (herein after referred as opposite party). 

2. The facts leading to the present complaint are that the complainant is agriculturist and he had cultivated peas in his land and he stored his peas in the cold store of the opposite party (i.e. 40 bags each of 30 Kg. total weight 1,200 Kg. 60 bags each of 50 Kg. total weight 3,000 Kg. and the Grand Total is 4,200 Kg.). The complainant paid rent for storage of peas to the opposite party and when went to receive the peas and found that 16 bags were found decomposed and remaining were at the verge of rotten. It is alleged that the complainant and his companions sat on protest and news appeared in the Daily Spokesman and Ajit Newspaper. At that time the market value of the peas was Rs. 2,00,000/- and the complainant had approached the administration but they were busy even after the lifting of Lockdown and the administration assured that they would hear the complainant after some time when they will free. It is further alleged that the opposite party flatly refused to hear the complainant and stated that the opposite party was not responsible for the same. The complainant took delivery of 16 bags on 28.3.2020 in rotten condition and rest of the peas were still with the opposite party. It is further alleged that the complainant moved an application to the SHO PS Dhanaula but the police did not take any action on the ground that the matter was civil and suggested to approach the court. The complainant suffered from harassment, mental agony and helplessness alongwith financial loss and the above said act and conduct of the opposite party amounts to deficiency in service and unfair trade practice. Hence, the present complaint is filed seeking the following reliefs.-

i)To pay cost of the peas of Rs. 2,00,000/- alongwith interest @ 12% per annum from 24.3.2020 till 23.9.2020 i.e. Rs. 9,000/-. 

ii)To pay the amount of Rs. 50,000/- towards compensation on account of physical pain, mental agony, financial loss and inconvenience suffered by the complainant and his family and Rs. 10,000/- as litigation expenses.  

3. Upon notice of this complaint, opposite party appeared and filed written reply by taking legal objections that the complainant has not come with clean hands, the present complaint is frivolous, vexatious and liable to be dismissed. It is further alleged that the complainant stored Green Peas in the cold store of the opposite party on 24.3.2020 to the extent of 21 Bags of 30 KG each and 42 Bags of 50 KG each for 30 days only and the complainant produced with his complaint a news cutting which was published in the newspaper in Daily Jhujar Times Pehredar on 5.3.2020. The complainant also moved an application before the SHO, PS Dhanaula on 8.6.2020 which was received by the SHO PS Dhanaula at S.No. 104/RPC/BOC/DNL on 8.6.2020 and the complainant alleged in Para No. 3 of that application the he was lifted 16 bags of green peas from the cold store of the opposite party after 24 days on 28.3.2020 and the complainant also recorded his statement before SHO PS Dhanaula, District Barnala on 24.6.2020, whereby he recorded in his statement that the complainant received a telephone call from Sandeep Gupta on 1.3.2020 on his phone and he further recorded in his statement that Sandeep Gupta stated to him that his green peas was damaged and he requested to lift the green peas from the cold store. The complainant also recorded in his statement that he visited the cold store on 4.4.2020 and it was found that the green peas remaining were damaged and he further recorded that out of remaining bags he brought 7 bags of green peas to his house, the story of the complainant is self concocted and self contradictory and no fault on the part of the opposite party. 

4. On merits, it is submitted that a lockdown was declared in India on 23.3.2020 including District Barnala, Punjab also due to lockdown the vegetable Mandi was closed and the complainant requested to the opposite party to store his green peas in the cold store, the employees of opposite party duly informed to the complainant that the life of the green peas is only 2 or 3 days and the storage of the green peas is not fruitful to the complainant, but the complainant requested to the employees of the opposite party to store his green peas for few days, if the lockdown was open then he sold his green peas in the Sabji Mandi. The complainant lifted bags of green peas from the cold store of opposite party on 28.3.2020 as per his wishes. It is denied that the bags of the green peas decomposed or rotten. The complainant lodged the false complaint against the owner of opposite party before the SHO PS Dhanaula and the SHO PS Dhanaula duly investigate the matter and submitted his report on 30.6.2020. It is further submitted that the complainant himself received the bags of green peas from the cold store of opposite party on 28.3.2020, even the complainant failed to pay the arrears of rent to the opposite party which was fixed between the complainant and the opposite party and the complainant instead of paying the rent filed the present false complaint just to harass and humiliate the opposite party. It is denied that any loss occurred to the complainant due to the negligence of opposite party. It is submitted that the complainant himself submitted a news cutting of the daily Jhujar Times Pehredar which was published on 5.3.2020 it clearly proves that these news were prepared by the complainant with the connivance of the local press reporters and the opposite party is not binding for the same. All other allegations of the complainant are denied and prayed for the dismissal of complaint with costs. 

5. The complainant filed rejoinder to the written version of opposite party vide which he denied the averments as mentioned in the written version. 

6. To prove his case the complainant tendered into evidence his own affidavit Ex.C-1, copy of RTI letter dated 26.8.2020 Ex.C-2, copy of letter from Bahadur Singh Ex.C-3, copies of newspaper cuttings Ex.C-4 & Ex.C-5, copies of receipts Ex.C-6 & Ex.C-7 and closed the evidence.

7. To rebut the case the opposite party tendered into evidence affidavit of Sandeep Gupta Ex.O.P-1, copy of report dated 30.6.2020 Ex.O.P-2 and closed the evidence. 

8. We have heard the learned counsel for the parties and have gone through the record on file. Written arguments filed by the parties have also been gone through. 

9. In order to prove his case the complainant has placed on record his affidavit Ex.C-1 vide which he reiterated the averments as mentioned in the complaint. He has further placed on record Ex.C-2 copy of RTI letter dated 26.8.2020 which shows that the complainant has filed RTI before the Senior Police Superintendent of Police District Barnala and sought information regarding application NO. 105/PSOC PS Dhanaula dated 8.6.2020. He has further placed on record copy of application dated 8.6.2020 Ex.C-3 which was written by the complainant to the SHO PS Dhanaula against the opposite party regarding loss of Rs. 2,00,000/- due to the negligence of opposite party as the complainant has stored his green peas in the cold store of opposite party on 24.3.2020 and  the same were found decomposed/damaged. Ex.C-4 & Ex.C-5 are the copies of cutting of newspaper vide which it is mentioned that the Kissan sat on protest against the cold store. Further, Ex.C-6 & Ex.C-7 are the copies of receipts dated 24.3.2020 & 25.3.2020. 

10. To rebut the case of complainant the opposite party has placed on record affidavit of Sandeep Gupta Partner of M/s Sargam Cold Store Ex.O.P-1 vide which he reiterated the averments as mentioned in the written version filed by the opposite party. The opposite party also placed on record copy of report dated 30.6.2020 of PS Dhanaula District Barnala Ex.O.P-2 vide which it is mentioned that after investigation it was found that this is money matter between the complainant and the opposite party and the police has nothing to do so and it is advised/suggested to the parties to approach the Court for proper adjudication of the matter. 

11. The allegation of the complainant in present case is that he has stored his green peas in the cold store of opposite party on 24.3.2020 for 30 days and the same were got damaged due to the negligence of opposite party. But in this regard the complainant has failed to place on record any expert report/opinion of any authorized authority. Even no photographs of damaged green peas have been placed on record by the complainant. The another allegation of the complainant is that the complainant has suffered loss to the tune of Rs. 2,00,000/- on account of damaged green peas in the cold store of opposite party but the complainant has not placed on record any document to indicate/justify the market price (prevailing at that time) of green peas. Moreover, no market price list of that time has been placed on record by the complainant. So, we are of the view that to decide/adjudicate the present matter an elaborate evidence is required which was not produced by the complainant. Therefore, the complainant has failed to prove his case due to lack of cogent, reliable and trustworthy evidence. 

12. In view of the above discussion, the present complaint has no merits and the same is dismissed. However, there is no order as to costs or compensation. 

13. Copy of this order be supplied to the parties free of costs as per rules. File be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN COMMISSION:

        17th Day of May, 2024

 

            (Jot Naranjan Singh Gill)

            President

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member