Sri Debasish Bhattacharya, Member
This appeal is directed against the Order dated 28-04-2015, passed by the Ld. Consumer Disputes Redressal Forum, Burdwan (in short, District Forum) in C.C. No. 214/2014, whereby the instant case has been allowed on contest in part. Being aggrieved by and dissatisfied with the same, the Complainant thereof has preferred this appeal.
To narrate in brief, case of the Complainant, is that, he loaded 49 bags of potato in the cold storage of the OP on 09-03-2014, against which the OP issued a Loading Receipt bearing no. 1100. It is alleged that on 25-08-2014, he went to the office for the OP for lifting his stock item, but very surprisingly, the OP refused to release the entire stock, i.e., 49 bags stating that earlier he stocked only 42 bags potato. Taken aback over such development, the Complainant ran from pillar to post to convince the OP that it was indeed 49 bags of potato and not 42 bags as alleged by the OP, but to no avail. Hence, he filed the case before the Ld. District Forum.
OP contested the case by filing WV, denying all the material allegations of the complaint. It is further stated that the Complainant actually loaded 42 bags x 50 kgs. potato, but in the receipt it was inadvertently written as 49 bags x 50 kgs. Afterwards, when the OP detected such anomaly, it immediately informed the matter to the Complainant, but he was immune to any reasoning. It is further stated that the Complainant was duty bound to lift his entire stock within 30th November, but he did not do so. The OP also informed the matter to different authorities. Denying any laches on its part, the OP prayed for dismissal of the case.
We are to consider in this appeal, whether the impugned Order suffers from any sort of legal infirmity, or not.
Decision with reasons
The Appellant herein filed the instant complaint case before the Ld. District Forum seeking for a direction upon the Respondent herein to either pay Rs. 49,000/- or release 49 bags of potato. Besides, he also claimed some other allied reliefs. It appears from the impugned Order that the Ld. District Forum directed the OP/Respondent to release 49 bags of potato in favour of the Complainant/Appellant. The Ld. District Forum further awarded a sum of Rs. 2,000/- as compensation and another sum of Rs. 500/- as litigation cost.
We find that, after taking into consideration the quantity of potato mentioned in the Loading Receipt No. 1100 dated 09-03-2014, the Ld. District Forum directed the Respondent/OP to release 49 bags of potato to the Appellant/Complainant. No doubt, the impugned order, passed by the Ld. District Forum, is a speaking order. The Ld. District Forum derived at such decision after taking note of the fact that the Respondent/OP did not furnish even a solitary piece of document in support of its contention. On the other hand, although the Appellant/Complainant claimed Rs. 49,000/- in lieu of 49 bags of potato, being the price of 49x50 kgs. bags of potato, most surprisingly, he did not furnish any authentic document to show the prevailing market price of potato as on 09-03-2014, i.e., the date when he stocked the goods in the cold storage of the Respondent/OP was Rs. 1,000/- per bag. Quite naturally, the Ld. District Forum had no other alternative, but to direct the Respondent/OP to release 49 bags of potato to the Appellant/Complainant.
As for other reliefs, it appears to us that the award, as passed by the Ld. District Forum, is perfectly in order in the given situation and as such, we are not inclined to alter the same in any manner.
To sum up, the impugned order does not suffer from any sort of legal infirmity and accordingly, upheld.
Hence,
O R D E R E D
that A/700/2015 be and the same is dismissed on contest against the Respondent. Respondent is hereby directed to comply with the impugned order passed by the Ld. District Forum within 15 days hence. However, Respondent must ensure that only good quality of potato is given to the Appellant.
