SUDHANSU SHEKHAR Vs. SAHU COLD STORAGE

JUDGEMENT

(1.) UNSUCCESSFUL complainant appeals against the judgment and order dated 30.11.2004 passed in Complaint Case No. 209/03 on the file of the District Consumer Forum, Ranchi, whereby and whereunder the complainant has been non -suited with respect to the claim of damages on account of loss of ginger at the hands of the respondent cold storage. Initially, the complaint was filed before this Commission which was dismissed on the ground of territorial jurisdiction with a liberty to file fresh complaint before the District Consumer Forum. Aggrieved by the said order, the complainant moved before the National Commission where the order of the Commission was confirmed with observation that instead of filing a fresh complaint, the record case be transferred to District Forum for proper adjudication. Accordingly, the case was remitted back to the District Forum which has passed the order on remand dismissing the complaint on the ground that the complainant has not been able to establish the alleged loss sustained by him. Hence this appeal.

(2.) THE relevant facts for disposal of the appeal are that the complainant kept 38,579 kgs. of ginger in the respondent s cold storage but due to negligence and carelessness, the entire stock of ginger was found rotten. The entire stock of ginger was damaged because of the laches on the part of the respondents inasmuch as, the ginger was stored in the potato chamber. The samples of the damaged ginger was tested by various experts of Agricultural Scientists who assigned the reasons of damage of ginger by keeping in low temperature and high humidity. According to report the storing of ginger requires proper temperature and humidity which has been deliberately not maintained. Accordingly, the matter was reported to the Director of cold storage, Sanjay Sahu who assured the complainant to compensate the damages caused but subsequently he refused to make good of his loss in spite of repeated requests. Accordingly, the complainant made a prayer in the instant complaint for payment of Rs. 3,37,154 being the price of the 38,579 kgs. of ginger besides the charges towards storage to the tune of Rs. 15,454 including a sum of Rs. 20,000 by way of compensation for mental and physical harassment.

(3.) ON being noticed the opposite party/respondent appeared and denied any sort of negligence and/or laches in maintaining the proper temperature and humidity while storing the ginger in the cold storage. It was further alleged that the complainant being not a consumer within the meaning of the Consumer Protection Act and hence, such dispute cannot be adjudicated before the Consumer Court. It was further alleged that the ginger was damaged and rotten because of its bad quality. The District Forum, on consideration of the materials on record has dismissed the complaint as stated above.