West Bengal

Birbhum

MA/48/2023

Janmenjoy Mondal - Complainant(s)

Versus

Satpalsa Ice and Cold Storage Pvt. Ltd. - Opp.Party(s)

13 Oct 2023

ORDER

Shri Sudip Majumder- President-in-Charge.

            Today is fixed for passing of order in respect of the petition on non-maintainability ground filed by the OP No. 1 dated 22/03/2022. Written objection has also been filed by the complainant dated 06/02/2023. Both the parties file hazira through their respective Ld. Advocates. Already heard Ld. Advocates for the both sides.

            One petition on non-maintainability ground has been filed by the OP No. 1. The same has been registered as M.A. Case being No. 48/2023.

 Record is now taken up for passing of order.           

Perused the petition. Considered. From the content of the petition it appears that the OP No. 1 intends to state that the complainant has no legal jurisdiction to file the instant case, because of the fact that there is a special and/or specific provision of separate law viz. The West Bengal Cold Storage (Licensing and Regulation) Act, 1986 under which the complainant had to take recourse of law under such circumstances the instant case not maintainable under the Consumer Protection Act, 1986.

Ld. Advocate for the OP No. 1 cited some provisions from the West Bengal Cold Storage (Licensing and Regulation) Act, 1986 in support of his petition. It is the submission of Ld. Advocate for OP No. 1 that Section 20A of the West Bengal Cold Storage (Licensing and Regulation) Act, 1986 shows that…. “In case of any dispute between the licensee and the hirer in respect of weighing, measurement, sampling, grading and payment of compensation, such dispute shall be referred to the Licensing Officer whose decision in the matter shall be final. The Licensing Officer shall also decide any dispute arising out of the provisions of section 12 regarding damage lo or deterioration of agricultural produce stored in a cold storage.”

 

Section 24(1) (2) (3) (4) of the said Act shows that…. Section 24(1) “In the event of any loss of or deterioration in any agricultural produce stored in a cold storage caused on account of any negligence of the licensee or any defect in the refrigeration machinery, the hirer may, within thirty days from the date of detection of such loss or deterioration by him, apply in writing to the Licensing Officer for assessing the compensation payable by the licensee on account of such loss or deterioration.

 Explanation....in this sub-section burden of proof that the loss or deterioration was caused beyond the control of the licensee shall lie on the licensee.

 (2) The Licensing Officer on receipt of an application under subsection (I) shall cause an enquiry lo be made in accordance with such procedure as may be prescribed and shall also assess the amount of compensation payable by the licensee to the hirer.

 (3) The Licensing Officer may also on his own motion cause the  enquiry to be made in the matter of any loss or deterioration in any agricultural produce stored in a cold storage and pass such orders as to the amount of compensation payable by the licensee to the hirer as he thinks proper and just.

(4) In case of any dispute between the licensee and the hirer as to the amount of compensation to be paid, the Licensing Officer shall settle the dispute as expeditiously as possible and shall also make an order determining the amount of compensation payable by the licensee who shall make payment of the compensation to the hirer within two months from the date of the order, whether any claim against insurance of any, is settled or not.”

Section 25 (3) (4) of the said Act shows that…. Section 25 (3) “Any person aggrieved by an order of the Licensing Officer... (a) refusing permission under section 2A, or ' (b) refusing to grant or renew a licence or cancelling a licence under section 4, or (c) refusing permission under clause (b) of sub-section (1) of section 10, or (d) assessing compensation under section 24, may, within thirty days from the dale of such order, prefer an appeal to the Tribunal, and the decision of the Tribunal thereon shall be final.

 (4) Appeals, if any, pending before the Stale Government or the Director of Agriculture, West Bengal, on the dale of coming into force of the West Bengal Cold Storage (Licensing and Regulation) (Amendment) Act, 1978, shall be disposed of by the State Government or the Director of Agriculture, West Bengal, as the case may be.”

It is the submission of Ld. Advocate of the OP No. 1 that the complainant did not follow the procedure for adjudication as per provisions of the said Act. The complainant appeared before this Commission without proper way. Thus the OP No. 1 stated that the instant case is not maintainable on the point of jurisdiction under the C.P. Act, 1986.

The Complainant files W/O against the petition filed by the OP No. 1. It is the submission of Ld. Advocate for the complainant that he already stated in Para No. 5 of his complaint that the complainant filed complaint case CICC/RO/BIR/20/2017-18 before the Agricultural Marketing Department, Government of West Bengal. The complainant appeared on the date of hearing before the said office but the complainant was not satisfied with the result on hearing for the same. Thereafter the complainant filed the instant case before this Commission.

It is also the submission of Ld. Advocate for the complainant that as per Section 3 of the C.P Act, 1986....Act not in derogation of any other law. ...The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

It is the further submission of Ld. Advocate for the complainant that the instant case was filed on 19/11/2018 and thereafter OP No. 1 filed their W/V. The OP No. 1 filed this petition before the stage of argument. The complainant filed this case in proper way. Thus, the complainant prays for order to reject the petition filed by the OP No. 1 as well as allow his complaint.

From the above discussion, this Commission is of view that as per Section 3 of the C.P. Act, 1986 Act not in derogation of any other law. ... The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

   The petition filed by the OP No.1 is baseless and vexatious one. Hence, the petition filed by the OP No. 1 is straightway rejected.

            Hence, the petition on non-maintainability ground filed by the OP No 1 being M.A. Case No. 48/2023 is considered and rejected on contest without any cost.       

            Thus the M.A. Case No. 48/2023 is disposed of.

Fix. 22/11/2023 for filing OPW if any.

            Copy of this order be supplied to the parties each at free of cost.