Per Sri A. Hazarath Rao, President:- The complainant filed this complaint under section 12 of Consumer Protection Act seeking Rs.11,13,750/- being value of 99 bags of turmeric together with interest and Rs.25,000/- as special damages besides costs.
2. In brief the averments of the complaint are these:
The complainant kept 45 bags of turmeric on 05-07-06 and 54 bags of turmeric on 03-07-07 in the godown of the opposite party who in turn issued storage bonds. The complainant used to store his turmeric in the godown of the opposite party till such period when market value becomes conducive for sale. The complainant intended to sell his turmeric when rate per quintal was Rs.15,000/-. Personnel of the opposite party avoided opening the godown under one pretext or other requiring the complainant to come later. The complainant issued a notice to the opposite party on 29-11-10. The opposite party gave reply on 08-12-10 with false allegations. The opposite party being the only private cold storage at Duggirala monopolized the storage activity of turmeric ryots. The contention of the opposite party about the complainant taking delivery of 130 bags on 19-12-07 is a manipulated one. The opposite party is thus guilty of unfair trade practice. The value of the turmeric @Rs.15,000/- per quintal is Rs.11,13,750/-. The complaint therefore be allowed.
3. The contention of the opposite party in brief is hereunder:
The complainant deposited his turmeric i.e., 31 bags on 01-08-05, 45 bags on 05-07-06, 54 bags on 03-07-07. On 19-12-07 the complainant took delivery of his entire stock of 130 bags of turmeric deposited in the cold storage of the opposite party under delivery challan No.4/40 duly signed. Therefore the turmeric belonging to the complainant was not with the cold storage of the opposite party. The complainant never approached the opposite party at any time. The complainant narrated a cock and bull story. The unscrupulous litigants like the complainant are misusing the provisions of the Consumer Protection Act. The complaint therefore be dismissed with exemplary costs. If the complainant got the cold storage bonds with him it might be due to his promise to return them subsequently while taking delivery of turmeric. The opposite party gave suitable reply to the notice issued by the complainant. The opposite party did not commit unfair trade practice. The complainant’s claim is usurious, excessive. The opposite party is not liable to pay any amount. The complainant approached this Forum with unclean hands. The complaint therefore be dismissed.
4. Exs.A-1 to A-7 on behalf of the complainant and Exs.B-1 to B-8 on behalf of the opposite party were marked.
5. Now the points that arose for consideration in this complaint are:
1. Whether the opposite party committed unfair trade practice?
2. Whether the complainant is entitled to compensation?
3. To what relief?
6. POINT No.1:- The complainant depositing 45 bags on 05-07-06 and 54 bags on 03-07-07 in the godown of the opposite party (Exs.A-1 and A-2) are not disputed. Likewise exchange of notices between the complainant and the opposite party (Exs.A-2 to A-5) is also not in dispute.
7. The contention of the opposite party is that the complainant on 19-12-07 took delivery of the turmeric covered by Exs.A-1 and A-2 and also 31 bags deposited on 01-08-05 by signing delivery challan. It was the contention of the opposite party in his Ex.A-5 reply also. The complainant in para 6 of his complaint and affidavit specifically contended that the said delivery challan is a manipulated one and bogus. The said delivery challan was marked as Ex.B-8 by the opposite party. In Ex.B-8 there was a signature “Medabalmi Sambasiva Rao”. The opposite party also filed copy of outward register signed by the Selection Grade Secretary, Agricultural Market Committee, Duggirala.
8. The learned counsel for the complainant contended that Ex.B-8 did not contain the vehicle number besides transporters signature. The delivery challan book contained 100 delivery challans including Ex.B-8. Most of the challans did not contain vehicle number and transporters signature. By that lapse it cannot be said that Ex.B-8 is a manipulated one. To prove or disprove Ex.B-8 elaborate enquiry is required regarding the practice prevailing while taking delivery of the goods from the cold storages, expert opinion and evidence on Ex.B-8. Now the evidence available is affidavit of the complainant and opposite party only. Under those circumstances, the nature of Ex.B-8 cannot be decided. As the entire controversy rests on execution of Ex.B-8 we are of the opinion that the complaint is not maintainable the enquiry being summary in nature. The parties can approach civil court to decide the claim of the complainant. Hence, this point is answered accordingly.
9. POINT No.2:- In view of above findings, in the result the complainant is not entitled to any compensation. Hence, this point is also answered accordingly.
10. POINT NO.3:- In view of above findings, in the result the complaint is dismissed without costs.
Dictated to Junior Stenographer, transcribed by her, corrected by me and pronounced in the open Forum dated this the 28th day of July, 2011.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant:
Ex.No |
DATE |
DESCRIPTION OF DOCUMENTS |
A1 |
05-07-06 |
Storage bond No.332 |
A2 |
03-07-07 |
Storage bond No.0487 |
A3 |
29-11-10 |
o/c of legal notice got issued by the complainant along with postal booking receipt |
A4 |
30-11-10 |
Postal acknowledgement |
A5 |
08-12-10 |
Reply notice got issued by the opposite party |
A6 |
21-12-10 |
o/c of letter addressed by the complaint’s counsel to Agricultural Market Committee, Duggirala |
A7 |
23-12-10 |
Proceedings in Lr.No.Sec.2/2010 issued by Agricultural Market Committee, Duggirala to the complaint’s advocate. |
For opposite parties:
Ex.No |
DATE |
DESCRIPTION OF DOCUMENTS |
B1 |
19-01-08 |
Copy of letter of opposite party to the Secretary, AMC Yard, Duggirala |
B2 |
|
Copy of statement showing inward of turmeric for the month of December, ’07 |
B3 |
|
Copy of statement showing outward of turmeric for the month of December, ’07 |
B4 |
29-11-10 |
Copy of legal notice got issued on behalf of complainant to opposite party |
B5 |
08-12-10 |
Copy of reply legal notice |
B6 |
|
Acknowledgement |
B7 |
|
Acknowledgement |
B8 |
19-12-07 |
Delivery challan (book No.4) of opposite party |
PRESIDENT
