SECRETARY UTTARAYANI POTATO GROWERS STORAGE AND MARKETING CO-OPERATIVE SOCIETY LIMITED Vs. RAGHUNATH PAL

JUDGEMENT

(1.) This is an appeal against the final order dated 1.11.1995 of the District Consumer Disputes Redressal Forum, Puri-Nayagarh at Puri in C. D. Case No.161 of 1994 Uttarayani P. G. S. and M. C. S. Ltd. which was opposite party before the District Forum is the appellant before us. The complainant R. N. Pal is the sole respondent. The facts alleged in the complaint are that the complainant had given 155 qtls. and 50 kgs. of potato to the appellant in two consignments in March and April, 1992 for storage in the latter's cold storage. He received back the potatoes on 17.4.1992 and 22.4.1992. He alleged that the entire potato stock received back had been damaged but appellant's clerk, on authorisation by appellant, certified on 22.5.1992 that 50% of the complainant's stock had been damaged. Complainant thereupon approached the appellant several times to get back the price of the damaged potatoes and at last served a legal notice on appellant. Failing to get back the money he filed complaint before the District Forum praying for direction to appellant-opposite party to pay Rs.33,677.98 towards damage and costs.

(2.) Though noticed, opposite party neither filed its show-cause nor participated in hearing. Consequently appellant was set ex parte on 17.1.1995 and ex parte order was pronounced on 30.1.1995 directing opposite party-appellant to pay Rs.31,000/- to complainant with 12% interest from the date of storage till date of payment and besides, Rs.1,000/- towards cost. Opposite party-appellant, on receiving copy of ex parte order on 6.2.1995 filed a petition before the District Forum on 1.3.1995 to set aside the ex parte order. Forum after hearing both parties set aside the ex parte order and entertained show-cause from the opposite party-appellant. In its show-cause the opposite party-appellant averred that despite its taking all care and precautions and getting certificate to that effect from refrigeration engineer of the Orissa State Co-operative Marketing Federation who verified the cold storage plant before its commissioning in 1992, there was leakage of ammoia gas on 13.4.1992 leading to damage of the potatoes stocked in the cold storage and as such it could not be held liable under the provisions of its bye-laws to recompense the complainant. Opposite party-appellant denied other allegations of the complainant.

(3.) The District Forum after hearing both parties and perusing the documents filed by them came to the conclusion that 50% of complainant's potato stock which came to 77.50 qtls. was damaged inside the cold storage and the same valued at Rs.300/- per quintal, the complainant suffered a loss of Rs.23,400/-. Adding the storage charge of Rs.2,177/- paid by the complainant to the appellant-opposite party, the latter was directed to pay Rs.25,577/- to complainant together with interest at the rate of 15% per annum from the date of order till payment and besides pay Rs.1,000/- towards cost.