JIVAN LAL VERMA Vs. KISHAN AGROTEK
LAWS(NCD)-2020-6-21
NCDRC
Decided on June 18,2020

Jivan Lal Verma Appellant
VERSUS
Kishan Agrotek Respondents

JUDGEMENT

Prem Narain, J. - (1.) The present revision petition has been filed by Jivan Lal Verma against the order dated 24.04.2018 of the Chhattisgarh State Consumer Disputes Redressal Commission, Raipur ('the State Commission') in First Appeal no. FA/2017/989.
(2.) The brief facts of the case are that the petitioner/ complainant is a farmer and had asked the opposite party/ respondent to develop a shed net house at 4000 sq mtr area amounting to Rs.28,40,000/- out of which 50% was to be received from the Central/ State Government and 50% from the farmer. The said amount was paid by the farmer on 27th March 2015 from his SB Account. The respondent/ opposite party developed the shed net house and due to the cyclone the shed net house was demolished. Information about the demolition of the shed net house was given to the Assistant Coordinator of Horticulture on 23rd, 28th May and 3rd June 2015, through which he asked for the reconstruction of the shed net house but no action was taken. Complainant had incurred a loss of Rs.14,20,000/- which was not redeemed/ refunded by the opposite party.
(3.) The complainant filed a consumer complaint being complaint no.CC/16/915 before the District Consumer Disputes Redressal Forum, Durg, Chhattisgarh ('the District Forum'). The District Forum vide its order dated 28.11.2017 passed the following order: "The complaint is allowed and order the following relief be given to the applicant within one month from this order: 1. The non-applicant will refund Rs.14,20,000/- to the applicant; 2. If the non-applicant does not refund the said amount within the stipulated time then the said amount shall carry an additional 9% per annum interest will be paid to the applicant until the whole principle amount is paid; 3. Non-applicant will pay Rs.5000/- as litigation cost to the applicant".;


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