West Bengal

Bankura

CC/22/2019

Sri Ajit Kr. Bit - Complainant(s)

Versus

The Manager, SM Cold Storage Pvt. Ltd. - Opp.Party(s)

Self

08 Dec 2022

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint  No. 22/2019

Date of Filing : 13.03.2019

Before:

1. Samiran Dutta                Ld. President.      

2. Rina Mukherjee               Ld. Member. 

3.  Sudhakar Ghosh             Ld. Member.

 

For the Complainant: Self

For the O.P. None  

Complainant    

Sri Ajit Kr. Bit, S/o Late Bipen Bit, Vill. Broalbandiy, P.O. Kakatiya, P.S. Patrasayer, Dist. Bankura, Pin – 722206.

 Opposite Party 

The Manager, S.M. Cold Storage Pvt. Ltd., Vill. Katra, P.O. Role, P.S. Indas,  Dist. Bankura, Pin – 722205.  

FINAL ORDER / JUDGEMENT

Order No.21,

Dt.- 08-12-2022

 

Today is fixed for argument.

Complainant is present by filing hazira.

No step is taken by the O.P. who is found absent on repeated call.

Heard the argument from the complainant.

The Complainant case is that he booked two Potato Bonds on 15-03-2017 and 17-03-2017 for storage of 100 Quintal potatoes and 102 Quintal potatoes respectively with O.P./Cold Storage company with the condition to take delivery of the stored potatoes within 30^th November of the instant year. Though the complainant approached the O.P. in due time for delivery of his entire stored potatoes as per the bond but he was denied the same without any ground.

                                                                                                                                                                                        Contd…..p/2

                                                                                                        Page: 2

O.P. initially appeared and submitted written version in the form of letter dated: 15-06-2019 in the letter head of O.P. wherein it is stated that out of stored 1,59,673 Quintals of potato in the year 2017 total quantity of 1,21,434 Quintals were taken out by different rentiers / Bond Holders till 30-11-2017 and almost 76% delivery of potatoes was completed by the stipulated time. But the complainant did not come for taking delivery of the stock of potato in due time as per norms of the Bonds and as such the complainant is not entitled to get any relief in this case.

There is however no proof on record that the complainant approached the O.P. for delivery of his potato stock in due time but it will not disentitle him to get back the price of his potato stock by sale on public auction according to the norms of the bonds.

On perusal of the potato bonds which are on record it is seen that according to Section 24 of West Bengal Cold Storage (Licensing and Regulation) Act, 1966 and the allied rules thereto the potato stocks in the Cold Storage which stood undelivered within the statutory period i.e. 30^th November will be sold on open auction.

The O.P. has however not disclosed in the Written version as to whether any public auction was held for disposal of the undelivered potatoes. It is the bounden duty of the O.P. to follow the above stated rules and regulations to put the undelivered potato stock on public auction and naturally sale proceeds thereof is to be disbursed to the Bond holders but no such steps and formalities have been observed and followed by the O.P. which is a clear violation of prescribed law tantamount to deficiency in service within the meaning of Consumer Protection Act.

                                                                                                                                                                                             Contd…..p/3

Page: 3

The complainant is entitled to get back the sell proceeds of his stored potatoes weighing 102 Quintals and at the relevant time prevailing price of  Jyoti potato was Rs.5/- per Kg and as such Rs.51,000/- is the sale price of the undelivered potatoes of the complainant on public auction and the O.P. is bound to pay Rs.51,000/- to the complainant. The complainant has already suffered pecuniary loss for non-return of potatoes under the aforesaid bonds for which he is also entitled to get reasonable compensation.

Prima-facie case of the complainant is thus proved.

The case succeeds Ex-parte.

Hence it is ordered………..

 

That the instant case be and the same is allowed Ex-parte against the O.P. 

The O.P. is directed to pay to the complainant Rs.51,000/- with compensation of Rs.10,000/- within one month from this date failing which the complainant may recover the decretal amount in due process of law.

Complainant is directed to serve the copy of this final order to the O.P. for necessary compliance.

Both parties be supplied copy of this order free of cost.

 

                          __________________                                   ________________                                    ________________

                       HON’BLE   PRESIDENT                          HON’BLE    MEMBER                           HON’BLE    MEMBER