Date of Filing: 18-12-2015                                               Date of Final Order: 08-09-2016

Smt. Runa Ganguly, President-In-charge.

           The factual matrix of the case as can be gathered from the record is that the Complainants are small farmers and cultivated potato and after cultivation they stored farm product i.e. potato in cold storage for prevention of distress sale. Thereafter, the Complainants are selling it to the market with a view to getting profitable price.

            After cultivation of potato the Complainants/Farmers kept/stored in the following quantities of potato bags in the O.Ps cold storage, i.e. Silpa Himghar at Sitai, District Cooch Behar, on individual bond and at the time of stored the O.Ps verified the every potato bags and found all potato were in good conditions and thereafter they received advanced money from the Complainants/Farmers and also issued a receipt which itself depicted that the stored product for safe custody for prevention of distress sale and the O.Ps promised to the Complainants that they will render proper service towards the Complainants.

            On 21/07/2015 when the Complainant No.2, Sahadeb Ghosh with 3 others Complainants went to the Silpa Himghar at Sitai, and approached the O.Ps to take back their preserved/stored potato bags it was found that all the potatoes were in Rotten condition. So, that he refused for taking delivery of the said potatoes. But the O.Ps did not give the stored potato bags to the Complainants. Then the Complainants went regularly to the Silpa Himghar for the purpose of taking their preserve/stored potato bags by paying balance rent amount, in spite of repeated requests to the O.Ps intentionally dilly-dallying to the Complainants on the flimsy grounds of shortage of staff and sometimes passed over the matter for next month. But consequently the O.Ps did not pay any heed towards the Complainants.

             Subsequently, the Complainants came to know that the said preserved/stored potato bags were damaged badly due to negligent & deficiency on the part of O.Ps for want of proper cooling in the cold storage.

           After that the Complainants has also issued one Lawyer Notice to the O.Ps but the O.Ps did not received the said notice.

           The O.Ps make false or misleading representation to stored farm product i.e. potatoes and due to this reason the Complainants suffered irreparable loss and injury and became very depressed and trying to destroy themselves to get relief from the burden of bank loan and burden of others credit in the market. The O.Ps promised to the Complainants to return stored product but they did not take any positive steps. Therefore, there was deficiency in service adopted by the O.Ps and also they failed to keep their promise.

            In the month of September, 2015 the market value of the potatoes is given below –

           Due to such activities of the O.Ps the Complainants are in hard-up and facing hindrance as well as suffer irreparable loss. The Complainants also suffered from mental pain & agony and unnecessary harassments.

           Hence, the Complainants filed the present case praying for issuing a direction upon the O.Ps to pay the total amount according to the present value of 200 bags potatoes. The Complainants further praying for issuing a direction upon the O.Ps to pay (i) Rs.1,00,000/- as compensation for mental pain & agony and unnecessary harassment, (ii) Rs.1,00,000/- for deficiency in service & unfair trade practice and (iii) Rs.20,000/- towards litigation costs, besides other relief(s) as the Forum deem fit, as per law & equity.

           It appears after due service of Notices upon the O.Ps i.e. Secretary, President, Vice President, Cashier and all the Members of Silpa Himghar at Sitai, Dist. Cooch Behar appeared through Ld. Agent but did not contested the case by filing W/V also did not turn up further for which this case proceeded with Ex-parte against them.

            In the light of facts and circumstances of the case, the following points necessarily came up for consideration.

POINTS  FOR  CONSIDERATION

1. Are the Complainants Consumers as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
2. Has this Forum jurisdiction to entertain the instant complaint?
3. Have the O.Ps any deficiency in service by not returning the stored potatoes to the Complainants and are they liable in any way?
4. Whether the Complainants are entitled to get relief/reliefs as prayed for?

DECISION WITH REASONS

            We have gone through the record very carefully. Perused the entire documents in the record and also heard the Ex-parte argument as advanced by the Ld. Agent of the Complainants at a length. Peruse also the Evidence on affidavit filed by the Complainants and original documents also.

Point No.1.

            The Complainants in view to distress sell of their cultivated potato for earning money to maintain their livelihood stored the said potato to the cold storage of the O.Ps. The Complainants stored the said goods on payment of certain amount with a desire to get proper service from the O.Ps. The O.Ps issued Bond and money receipt against the stored potato and store charge respectively. Thus, the relation between the Complainants and the O.Ps so established from the record we are convinced to hold that the Complainants are the Consumers of the O.Ps as per provision u/s 2(1)(d)(ii) of C.P. Act, 1986.

Point No.2.

           The Opposite Parties are running their business by establishing Cold Storage in the name and style Shilpa Himgar, is situated in Sitai i.e. within this district and under the jurisdiction of this Forum.

          The complaint value of this case is Rs.2,20,000/- i.e. below the prescribed limit. Thus, in our view, this Forum has sufficient jurisdiction i.e. pecuniary as well as territorial jurisdiction to entertain the instant case.

           Thus, both the points are decided in favour of the Complainants.        

Point No.3 & 4.

These points are taken up together for the sake of convenience and brevity.

            Undisputedly, the Complainants stored their cultivated potato in the cold storage of the Opposite parties.

            It is also not in dispute that the O.Ps received the same and issued bond in favour of the 4 numbers of Complainants.

            The point of the dispute is that the opposite parties did not return the stored items to the Complainants even after expiring particular time. The Complainants made several requests but all efforts were in vain.           

            Annexure “A,1” series go to show that the Complainant received money receipt and Bond as issued by the O.Ps. The Annexure “A,1” series also reveal that the Complainant No.1 stored 100 bags of potato and deposited as advance amount of Rs.4,000/-, the Complainant No.2 stored 100 bags of potato and deposited as advance amount of Rs.4000/-, the Complainant No.3 stored 23 bags of potato and deposited as advance amount of Rs. 920 /- and the Complainant No.4 stored 100 bags of potato and deposited as advance amount of Rs.4,000/-.

            Annexure “C,3” reveal that the Complainants sent lawyer notice dated 16/10/2015 through the Ld. Advocate, Mr. Debajyoti Goswami to the Secretary, Silpa Himghar to get back the stored potato but he refused to receive the same.

            The Complainants stored the said potato for earning profit to sell the same in the market. They wanted to do that only for maintaining their livelihood. The Complainants by swearing an affidavit stated that in the month of July, 2015 the Complainants contacted with the O.Ps to take back the stored potato by paying the balance amount but the O.Ps intentionally delayed without showing any cogent ground for non-returning the said stored goods. Ultimately, the O.Ps failed to return back the same to the Complainants.

            In the above situation the Complainants are passing their day in great anxiety as they cannot repay the loan of the bank in want of money. Moreover, the Complainants came to know that the total stored potato damaged due to poor cooling system in the Cold Storage. In the present case the O.Ps did not contest the case even after appearing through Ld. Agent, that seems that the O.Ps have nothing to challenge the allegation made by the 4 Complainants.

            In the present case the O.Ps appeared through Ld. Agent but did not contested the allegation made by the Complainants. In this context we may rely on the authority reported in IV (2006) CPJ (NC) where in consumer complaint case, the Complainants filed affidavit by way of evidence. The O.Ps neither filed any affidavit nor examined him. The Hon’ble National Commission pleased to hold that  in absence of any counter affidavit, allegation of the Complainants remain uncontroverted and stands proof.

            Thus, considering the unchallenged facts and circumstances of the present dispute, relying upon the Ex-parte evidence of the Complainants and the materials to its entirety we are in considered opinion that the O.Ps did not take proper measure to preserve the stored potato in their Cold Storage by maintaining cooling system properly. They also failed to return the stored potato or its price value and as a result the poor farmers are suffering from pecuniary loss that also caused their mental agony. Moreover, the O.Ps kept mum even after several steps have been taken by the Complainants. In this premises, it can safely be said that the O.Ps have deficiency in service and the present complaint deserve to be allowed.

            In this juncture, reliance has been placed upon the decision referred by the Ld. Agent for the Complainant. In Punjab Agri Food Parks Ltd. vs. Gurdeep Singh on 3 July, 2012 the Hon’ble National Commission upheld the order of the State Commission and that was passed in favour of the complainants with an order of compensation as per market rate of the potato on that particular time. It is also a case where 4 No. of farmers stored there potato in the O.Ps cold storage but did not get return the same as those were  damaged due to improper cooling system in the Cold Storage.

           The present case is not for only one potato grower whose stock has been damaged, there were so many victims related with this dispute. In the present case there are also 4 No. of farmers who have same consequences. The Opposite Parties did not provide efficient service to them.

           Therefore, having heard the Ld. Agents for the Complainant and on meticulous scrutiny of the materials on record, it can obviously be said that the O.Ps have clearly made deficiency in service and as such they are liable to pay compensation due to their deficiency in service and mental pain and agony of the Complainants. So, on considering the materials on record and anxious consideration of the facts and circumstances, we are in view that the Complainant’s case is genuine and he is entitled to get relief as sought for.

           Thus, the present complaint succeeds by unchallenged testimonies.

            Now, it is to be considered that how much compensation the Complainants are entitled to? Annexure “B, 2” is the document of price rate of various types of Potato at Cooch Behar district on 14.09.2015. Considering the said documents, in our view that if the Complainant were able to sell their stored potato during that period they could earn huge money as per their desire, but that was frustrated due to negligent act of the opposite parties. Thus, considering the overall aspect and fate of the poor cultivators/present Complainants we think to allow compensation to each of the Complainants as per quantity of their stored potato @Rs. 9.50 per K.G. for red Holand potato and Rs.7.50 per K.G.for Joiti potato tallied with the then market price. The O.Ps be directed to pay compensation and return the advance money to the each Complainants as per following chart and that will be met proper justice to them.

CHART

ORDER

Hence,

            it is ORDERED that,

                        The present Case No. CC/113/2015 be and the same is allowed in Ex-parte but with cost of Rs.20,000/- payable to the 4 Complainants. The Complainants will get the equal share.

            The O.Ps are directed to return the deposited amount along with compensation of Rs.1,54,045/- to the Complainants as shown in the chart above (in page No.5 of this Final Order). The entire amount shall be paid to the Complainants by the O.Ps jointly and/or severally within 45 days from the passing of this order, in default, the O.Ps shall have to pay Rs.100/- for each day’s delay and the amount to be accumulated shall be deposited to the Consumer Legal Aid Account.

             Let a plain copy of this Order be supplied to the parties concerned by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action, as per rules.