ANIL DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This First Appeal has been filed under Section 96 of the Code of Civil Procedure, 1908 against the judgment and decree dated 29.4.94 of the learned Assistant District Judge No. 2, West Tripura, Agartala. in Money Suit No. 62/91.

(2.) The appellant filed the aforesaid Money Suit against the respondents. The case of the appellant in the said Money Suit was that he was the proprietor of M/s Pioneer Trading Corporation which carries on business of clearing, forwarding and transportation contract. By short notice dated 22.1.88, the Chief Executive Officer, Tripura Stiate Cooperative Consumers Federation Limited (for short "the Federation") invited quotations for transporting of sugar from time to time from the godown of Food Corporation of India (for short "FCI") at Dharmanagar to Hitasadani Co-operative Marketing Society Limited at Dharmanagar and from the godown of FCI at Dharmanagar to the godown of the Federation at Agartala. The appellant submitted his quotation and was entrusted with the work of transportation at the rate of Rs.4.00 perquintal for transportation of sugar from the godown of FCI at Dharmanagar to the godown of Hitasadani Co-operative Marketing Society Limited, Dharmanagar and at Rs 23.00 per quintal for transportation of sugar from the godown of FCI at Dharmanagar to the godown of the Federation at Agartala. Thereafter the Tripura Truck Owners Syndicate, from whom the appellant had hired the truck for transportation, increased the rates and, in the circumstances, the appellant increased his rate for transportation of sugar from the godown of FCI, Dharmanagar to the godown of Hitasadani Co-operative Marketing Society Limited, Dharmanagar from Rs. 4.00 per quintal to Rs.5.00 per quintal and for transportation of sugar from the godown of FCI, Dharmanagar to the godown of the Federation at Agartala from Rs. 23.00 per quintal to Rs.29.00 per quintal with effect from April, 1989 and submitted bills for payment to the Federation. The Federation paid the said bills for 10 months from April, 1989 to January, 1990 but did not pay the bills of the appellant for the months of February, 1990 and March. 1990 amounting to Rs.2,61.823.00. As a result, the appellant suffered financial losses and damages and became liable to pay interest to the Vijaya Bank from whom the appellant had taken loans for the said business. The appellant issued notices under Section 80 of Civil Procedure Code and under Section 164 of the Tripura Co-operative Societies Act on the respondents demanding an amount of Rs.2,61,823.00 with interest at the rate of 18% per annum from the date of submission of the bills till the date of realisation. When the respondents did not respond to the said notices, the appellant filed the suit claiming the said amount of Rs.261,823.00 towards bill Nos. 771, 772, 801, 802, 803 and 804 dated 27.2.90 and 23.4.90 for the transportation of sugar during the months of February and March, 1990 and interest at the rate of 18% per annum amounting to Rs. 5 8,000/- and compensation at the rate of Rs. 100.00 per month from the date of notice dated 9.1.91 for business loss and damages till the filing of the suit amounting to Rs.700.00. In the suit, the appellant claimed for an amount totalling to Rs.3,20,523.00. The appellant also claimed for compensation interest and costs of the suit.

(3.) The Federation contested the said suit by filing written statement through the defendant Nos. 5 and 6, the Administrator and the Chief Executive Officer of the Federation. and pleaded that there was an understanding between the appellant and the Federation that the appellant would be paid for transportation work carried out from April. 1989 onwards at the rates as approved by the Government. Accordingly, the enhanced rate of Rs. 5.00 per quintal for transportation of sugar from the godown of FCI at Dharmanagar to the godown of Hitasadani Co-operative Marketing Society Limited at Dharmanagar and the enhanced rate of Rs.29.00 per quintal for transportation of sugar from the godown of FCI at Dharmanagar to the godown of the Federation at Agartala was referred to the Government. Food and Civil Supplies Department and after several reminders and persuasion, the Federation received the approval from the said department at the fag end of the year 1989-90 in February-March, 1990 to a rate of Rs.26.50 per quintal for transportation from the godown of FCI at Dharmanagar to the godown of the Federation at Agartala. Regarding the enhanced rate for transportation of sugar from the godown of FCI at Dharmanagar to the godown at Hitasadani Co-operative Marketing Society Limited at Dharmanagar, the department of Food and Civil Supplies did not agree to the enhanced rate. In these circumstances, the Federation was not liable to make payment of the bills of the appellant for the months of February and March, 1990 and was entitled to recover excess payment made for the period of 10 months from April. 1989 to January. 1990. The Federation has further pleaded that it was functioning as the nominee of the State Government for lifting of levy sugar and that transportation cost of levy sugar was being reimbursed by the department of Food and Civil Supplies and the Federation cannot make payment of the bills at the enhanced nates unless and until the enhanced rates are approved by the State Government. The State Government of Tripura also contested the suit. In the written statement the defendant Nos. 3 and 4, the Secretary, Cooperation, 'Govt. of Tripuia and the Registrar, Co-operative Societies, have reiterated that the Federation cannot make payment of the bills at the enhanced rates as claimed by the appellant since the Government of Tripura, Food and Civil Supplies Department has not approved such enhanced rates. The said defendant Nos. 3 and 4 have reiterated that the Federation was functioning as the nominee of the State Govt. for lifting levy sugar as per the prevailing system and the transportation cost for levy sugar was to be reimbursed by the Director of Food & Civil Supplies and. therefore, before payment of the said transportation cost, the Federation should have obtained approval from the Department of Food & Civil Supplies. Defendant Nos. 3 and 4 have: further pleaded that the payment of the bills of the appellant for 10 months was made to the appellant pending approval of the enhanced rates by the Govt but since the rate of Rs.26.50 per Qntl. for transportation of levy sugar from the godown of FCI at Dharmanagar to the godown of the Federation at Agartala for the year 1989-90 was approved by the Government, the payment made against the earlier tails at the higher rate became excess and were recoverable. The learned Assistant District Judge framed issues, recorded the evidence led by the appellant and the defendants and finally dismissed the suit by the impugned judgment and decree dated 29.4.94 after holding that there was no contract between the appellant and the Federation for payment at the enhanced rates and that the appellant should accept the approved rate of the Government of Tripura and the: excess amount which was paid to the appellant should be adjusted against the bills submitted by the appellant.