The record is taken up for passing order.

            The case of the complainant so far it is gathered from the petition of complaint , documents as per firisti and affidavits - in - chief of the complainant and other four witnesses in short is that he is a poor cultivator in the BPL category maintains a family consists of widow mother, wife , son and daughter . All their livelihood is based on cultivation  over leasehold land obtain from different land owners in the locality. It is alleged that in the month of April, 2013 , 1900 bags of

cultivated carrot  initially  sent to the OP Cold storage within P.S. Singur were reduced to 1600 bags and the same were repacked. In this connection, the OP issued bond on 16.4.2013 against those bags each containing 52 kgs of carrot in favour of the complainant entitling him to get the product stored upto November 2013 and the owners of the product can receive the same of any quantity out of total bags at any time within the said period according to his choice and the owner /holder of the bond shall pay rent according to its slab as applicable. At the time of storage , the market price of the carrot was Rs.803/- per quintal and in September, 2013 at the time of taking delivery of the same the market price was at Rs.1500/- per quintal . Thus, the total value of the entire product was Rs. 12.48,000/- . On 10.9.2013 the complainant went to the oP for getting release of the product upon payment of rent in terms of the bond, the oP refused to make delivery of the said product even on production of the bond by the complainant. Altercation started on the issue of non delivery and ultimately the op was arrested at the instance of complaint lodged by the complainant with the local Police station. Apart from that, the complainant moved before administrative authority of Agriculture Marketing , Hooghly on 10.12.2013 wherefrom notice was issued to the oP but he did not turn up. Finding no alternative , the

complainant come before us with the prayer for getting price of the carrot amounting to Rs.16,80,000/- and compensation of Rs.3,00,000/- plus litigation cost Rs.19,000/- . 

            In order to prove the case the complainant submitted whole sale market price rate on carrot as prevailed in Arambagh market as on the period of April to November, 2013, Lease agreement for carrot cultivation , complaint to the S.P., Hooghly dated 24.9.2013 , FIR dated 8.10.2013, Final report dated 18.2.2014 , complaint to S.D.O. dated 10.12.13 , complaint to Assistant Director, Agricultural Marketing dated 10.12.2013 , letter to Hon’ble Minister in charge dated 17.2.2014 , letter of marketing ,  letter from A.D., Agricultural Marketing.

            OP contested the case by filing Written version challenging that the case  is not maintainable on the ground that the complainant is not a consumer but a big merchant conducting promotional activities for the business. He is not a BPL Card holder . Moreover, the case stated is totally false with no cause of action and as such the same should be dismissed.