Tripura

West Tripura

CC/28/2017

Sri Mahendra Debnath. - Complainant(s)

Versus

Sri Rabindra Dutta, Dutta Cold Storage. - Opp.Party(s)

Mr.B.Saha, Mr.B.Debbarma, Mr.S.Pal.

13 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC-  28   of   2017

Sri Manendra Debnath,
S/O- Lt. Rajani Kanta Debnath,
Sonatala, Khowai,
P.S. Khowai, Tripura West.     ...….…...Complainant.

          VERSUS
          

Sri Rabindra Dutta @ Bhula,
S/O- Rajendra Dutta,
Owner of ''Dutta Cold Storage'',
Regd. Office: Chechuria,
P.S. Lefunga, West Tripura.    ..........Opposite Party.
 

 

 __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER 
 DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C  O  U  N  S  E  L

For the Complainant        : Sri Bijan Saha,
                      Sri Bhaskar Debbarma,
                      Sri Saptarshi Pal,             
                      Advocates.                      
                      
For the Opposite Party        : Smt. Kalyani Roy,
                      Smt. Sarama Deb,
                      Sri Haripada Das,

 

JUDGMENT  DELIVERED  ON:   13.09.2017.

J U D G M E N T    
        This case arises on the petition filed by Manendra Debnath U/S 12 of the Consumer Protection Act. Petitioner's case in short is that on 22.03.16 he went to the Cold Storage of the O.P. Rabindra Dutta to store 54 packets weighing 50 kg potatoes seeds in the 'Dutta Cold Storage'. Accordingly as per terms and condition the seeds were stored in good condition. O.P. proprietor of the cold storage agreed to return the seeds in good condition on or before 15th November 2016. On 25.10.16 complainant went to take back 54 packets of potato seeds from Dutta Cold storage and he found that entire stock of the potato seeds were damaged as those were not kept properly in proper temperature. Petitioner suffered huge loss. Filed complaint before the OC, Lefunga Police Station. Due to deficiency of service petitioner suffered. Therefore, he claimed compensation amounting to Rs.5 lacs. 

2.        O.P., Proprietor of the Dutta Cold Storage appeared, filed Written statement denying the claim. It is stated by the O.P. Dutta Cold Storage that potato seeds were kept as per terms and conditions. If the potato seeds were kept in jute back then there is a possibility of destruction. As per terms and conditions it is the duty of the owner of the potato seeds to keep in  proper bag. If it is not done the liability can not be fixed on the owner of the cold Storage. O.P. have no deficiency of service.

3.        On the basis of contention raised by the both the parties following points cropped up for determination;
        (I) Whether the terms and condition was violated by the petitioner?
        (II) Whether the O.P. was liable for the damage and petitioner is entitled to get compensation?

4.        Petitioner produced the Seizure Memo, Cash Memo, and also produced the statement on affidavit of Manendra Debnath.
5.        O.P. on the other hand produced the receipt of the cold Storage, Terms and conditions, Receipt of terms and conditions.
6.        O.P. also produced the statement on affidavit of Rabindra Dutta.
7.        O.P. thereafter produced the written argument in this case.
8.        On the basis of all these evidence on record we shall now determine the above points.
            Findings and decisions:
9.        We have gone through the terms and conditions for storage  of agricultural products. As per term proviso 5 limit of keeping the potato was 15th November. In the term proviso 12 it is stated that if the potato is considered not fit for keeping then those were not allowed to be kept. The fact of preservation of potato seeds in the cold storage by petitioner is admitted and established fact.

10.            We have gone through the seizure memo prepared by SI of Police. From the Seizure memo prepared by the SI of Police of Lefunga P.S. on 25.10.16 it is found that 54 bags of potato seeds were kept by Manendra Debnath. From the cash memo it is found that 5 kg potato seeds were purchased on 09.11.16 value was Rs.500/-. The potato seeds were kept in the Dutta Cold Storage. Receipt was taken. Provided marking was given AO/54. In the receipt of Dutta Cold Storage it is written that if the potato seeds are kept with the jute bag and if causes damage the store owner should not be liable. The contention of the O.P. is that potato seeds were kept in jute bag by the petitioner violating the terms and conditions.
11.            O.P. in his statement on affidavit stated that the owner of the cold storage would not be held responsible if the potato seeds were kept in sack made of jute which is old torn. But the keeper or any employee of the O.P. did not report that the complainant kept the potato seeds in jute bag. As per terms and conditions no person is allowed to keep the potato seeds if the potato were not found properly packed in proper condition. But the packets were allowed to be kept. And receipt also given on 22.03.16. O.P. could not give any convincing evidence to support that the complainant violated the terms and condition and packed the potato in a jute bag. Thus, it is found that terms and condition was not violated by the complainant. According to petitioner 50 kg potato seeds were kept in 54 packets. All those packets damaged because the O.P. could not kept it properly. Value of the 54 packets of those 50 kg is Rs.5,000/-. And as per receipt of value of 1 kg is Rs.100/-. Due to this the potato seeds of the complainant which value was Rs.5000/- was damaged. 
12.             Petitioner claimed Rs.5 lacs compensation. But did not explained how he suffered loss of Rs.5 lacs. How his agriculture was effected. Whether he had to purchase other potato seeds or failed to make any agricultural products in that area not explained in the evidence. In a case U/S 12 of the Consumer Protection Act, petitioner is to explain how he suffered the damage for the loss of Rs.5,000/- potato seeds.  In this case for the loss of Rs.5,000/- petitioner claimed Rs.5 lacs without assigning any reason. It is true that O.P. has deficiency of service because of that deficiency of service petitioner suffered. The potato seeds were damaged. Its value was Rs.5,000/- so we consider that O.P. shall pay Rs.6,000/- as value of those potato seeds. For the deficiency of service we direct the O.P. to pay Rs.4,000/- and for litigation cost Rs.5,000/-. In total petitioner is entitled to get Rs.15,000/-.

13.        We direct the O.P. to pay this amount of Rs.15,000/- to the petitioner. Amount is to be paid within one month, if not paid it will carry interest @ 9% P.A.

Announced.

 

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.