West Bengal

Birbhum

MA/26/2024

Aminul Islam - Complainant(s)

Versus

The Manager M/S Dutta Bros Cold Storage - Opp.Party(s)

29 Feb 2024

ORDER

Shri Sudip Majumder- President-in-charge.

            Today is fixed for passing of order in respect of the petition of the OP dated 31/03/2023 on maintainability ground. Both parties files hazira through their respective Ld. Advocates. Already heard Ld. Advocates for the both sides.

            One petition on maintainability ground has been filed by the OP. The same has been registered as M.A. Case being No. 26/2024. Record is now taken up for passing of order.

Perused the petition. Considered. From the content of the petition it appears that the OP intends to state that the complainant has no legal jurisdiction to file the instant case, because of the fact that there is a special and/or specific provision of separate law viz. The West Bengal Cold Storage (Licensing and Regulation) Act, 1966 under which the complainant had to take recourse of law under such circumstances the instant case not maintainable under the Consumer Protection Act, 2019.

Ld. Advocate for the OP cited some provisions from the West Bengal Cold Storage (Licensing and Regulation) Act, 1966 in support of his petition. It is the submission of Ld. Advocate for OP that Section 20A of the West Bengal Cold Storage (Licensing and Regulation) Act, 1966 shows that…. “In case of any dispute between the licensee and the hirer in respect of weighing, measurement, sampling, grading and payment of compensation, such dispute shall be referred to the Licensing Officer whose decision in the matter shall be final. The Licensing Officer shall also decide any dispute arising out of the provisions of section 12 regarding damage lo or deterioration of agricultural produce stored in a cold storage.”

Section 24(1) (2) (3) (4) of the said Act shows that…. Section 24(1) “In the event of any loss of or deterioration in any agricultural produce stored in a cold storage caused on account of any negligence of the licensee or any defect in the refrigeration machinery, the hirer may, within thirty days from the date of detection of such loss or deterioration by him, apply in writing to the Licensing Officer for assessing the compensation payable by the licensee on account of such loss or deterioration.

 Explanation.....in this sub-section burden of proof that the loss or deterioration was caused beyond the control of the licensee shall lie on the licensee.

 (2) The Licensing Officer on receipt of an application under subsection (I) shall cause an enquiry lo be made in accordance with such procedure as may be prescribed and shall also assess the amount of compensation payable by the licensee to the hirer.

 (3) The Licensing Officer may also on his own motion cause the  enquiry to be made in the matter of any loss or deterioration in any agricultural produce stored in a cold storage and pass such orders as to the amount of compensation payable by the licensee to the hirer as he thinks proper and just.

(4) In case of any dispute between the licensee and the hirer as to the amount of compensation to be paid, the Licensing Officer shall settle the dispute as expeditiously as possible and shall also make an order determining the amount of compensation payable by the licensee who shall make payment of the compensation to the hirer within two months from the date of the order, whether any claim against insurance of any, is settled or not.”

Section 25 (3) (4) of the said Act shows that…. Section 25 (3) “Any person aggrieved by an order of the Licensing Officer....  (a) refusing permission under section 2A, or ' (b) refusing to grant or renew a licence or cancelling a licence under section 4, or (c) refusing permission under

 

clause (b) of sub-section (1) of section 10, or (d) assessing compensation under section 24, may, within thirty days from the dale of such order, prefer an appeal to the Tribunal, and the decision of the Tribunal thereon shall be final.

 (4) Appeals, if any, pending before the Stale Government or the Director of Agriculture, West Bengal, on the dale of coming into force of the West Bengal Cold Storage (Licensing and Regulation) (Amendment) Act, 1978, shall be disposed of by the State Government or the Director of Agriculture, West Bengal, as the case may be.”

It is the submission of Ld. Advocate of the OP that the complainant did not follow the procedure for adjudication as per provisions of the said Act. The complainant appeared before this Commission without proper way. Thus the OP stated that the instant case is not maintainable on the point of jurisdiction under the C.P. Act, 2019.

The Complainants raised vehement objection against the petition filed by the OP. It is the submission of Ld. Advocate for the complainants that the complainants deposited for storage of their potatoes before the OP for their livelihood purpose. The complaints are the consumer and OP is the service provider. So, the case is well maintainable before this Commission. The complainants filed this case in proper way. Thus, the complainants prays for order to reject the petition filed by the OP as well as allow his complaint.

Section 100 of the C.P Act, 2019 shows that…. Act not in derogation of any other law. …. The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

From the above discussion, this Commission is of view that as per Section 100 of the C.P. Act, 2019 Act not in derogation of any other law. ... The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

   The petition filed by the OP is baseless and vexatious one. Hence, the petition filed by the OP is straightway rejected.

            Hence, the petition on maintainability ground filed by the OP being M.A. Case No. 26/2024 is considered and rejected on contest without any cost.     

            Thus the M.A. Case No. 26/2024 is disposed of.

Fix. 02/04/2024 for filing questionnaires by the OP.

            Copy of this order be supplied to the parties each at free of cost.