Case No. 198/2021   

IN THE MATTER OF

Devesh Sharma S/o Yogendra Sharma age about 21 years R/o Gram Bithana Thana Gonda District Aligarh

                                           V/s

1. Sidhardh Malik Swami Rashi Ice and Cold Storages Pvt. Ltd. Ahmadpur Iglas Road Thana Madrak Aligarh age about 51 Years.
2. K.P. Singh Manager, Rashi Ice and Cold Storages Pvt. Ltd. Ahmadpur Iglas Road Thana Madrak Aligarh age about 50 years

     3.Jitteu Sharma Assistant Manager , Rashi Ice and Cold Storages Pvt. Ltd. Ahmadpur Iglas Road Thana Madrak Aligarh age about 28 Years.

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, 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 following reliefs:-

1. Ops be directed to pay the amount Rs.900000 as the value of 1645 bags of potatoes with interest.
2. Ops be directed to pay Rs.200000 as compensation for harassment.
3. Ops be directed to pay the Rs.11000 as litigation expenses.

2. Complainant has stated that he had placed 1645 bags of potatoes of the value Rs.900000 in the Ops cold storages. On 17.10.2017complainant had gone to the cold storages to take potatoes then it was told to him that the potatoes had  rotten and the value of potatoes shall be paid within 2-4 days. On 24.10.2017 complainant and his father reached the cold storages then they were abused by the Ops and threatened to cause death and were ousted from cold storages.                

3. Op no.1 and 3 stated in WS that the potatoes bags were kept in the cold storages on rent as per terms mentioned in the slip and the Ops  are not liable for damages. Ops informed the complainant on 22.10.2017, 2.11.2017and 30.11.2017 to take his potatoes and to pay the rent but complainant did not take his potatoes. The potatoes were sold in auction  for Rs. 94895 and he had sold the potatoes to a businessman for Rs.34720 and thus total amount comes to Rs.129615 whereas the rent for 1422 packets at the rate Rs.131 per packet comes to Rs.186272, the rent of 223  jute packets at the rate Rs.111 per packet comes to Rs.24753, tractor fare of 1373 packets at the rate Rs.6 per packet comes to Rs.8238. the interest is  Rs.1138. Thus the total amount is calculated at Rs.220411. In this way, having adjusted the value of potatoes received in auction sale, the remaining amount Rs. 90976 is due against the complainant. Op no.2 has not filed WS but the affidavit has been filed on behalf of all  the ops1,2 and 3.        
4. Complainant has filed his affidavit and papers in support of his pleadings. Ops have also filed  affidavit and papers in support of  pleadings.  

5. We have perused the material available on record and heard the parties counsel.

6. The first question of consideration before us is whether the complaint is entitled any relief?  

7. It is evident from the discussion made above that an amount is outstanding due against the complainant and therefore complainant is not entitled to get any relief.
8. The question formulated above against the complainant.
9. We hereby dismiss the complaint.

10. 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.
11. File be consigned to record room along with a copy of this judgment.