SHOBHA AGRITECH, REPRESENTED BY ITS PROPRIETOR Vs. GUBBA COLD STORAGE LIMITED, REPTD. BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) The brief facts as set out in the complaint are that the complainant, an exporter of fresh table grapes to foreign countries i.e. United Kingdom and European Union is registered with the Agricultural & Processed Food Products Export Development Authority, Department of Commerce, Government of India (for short APEDA) and also with Ministry of Commerce for import and export. The complainant was exporting grapes to European Union/United Kingdom for the past 5 years. The complainant had an agreement with M/s.Griffin & Brand (European) Ltd., U.K. for export of table grapes for the agricultural season ending in March and April, 2007. The table grapes were grown for export by complying criteria as per the specifications of EUREP GAP and natures choice for exporting to European Union/United Kingdom. The complainant got fresh table grapes packed and stored which are meant for export, from the period 1-3-2007 to 2-4-2007 in the premises of opposite parties, who are recognized by the APEDA for packing and storing of fresh fruits and vegetables for export and guided and regulated by the specifications and regulations prescribed by APEDA which are mandatory. The complainant submitted that the packed cartons/pallets were stuffed in the refrigerated containers in the premises of the opposite parties upto 2-4-2007. Five containers of table grapes packed in cartons/pallets of the said containers reached European Union/United Kingdom upto 4-5-2007. The said containers were sealed by the Liners and the Customs authorities after they were stuffed at the premises of opposite parties. The containers after reaching U.K. were opened by the importer and in one of the container some cartons in a pallet were found torn open and a presence of rat was felt by rat faeces and rat gnawings indicating infestation by rats, thereby, M/s.Griffin & Brand (European) Ltd., have referred the same to local health authorities and the authorities of Ashfort Borough Council, U.K. declared the said consignment of table grapes not fit for human consumption and the same was ordered to be destroyed at the expense of the complainant. The said container consisted of 1535 cartons of 9 K.G. each of table grapes and the value of the same was 23,025 British Pounds equivalent to Rs.19,34,100/- as per the then existing rate. The physical condition of the torn open pallets and rat faeces were photographed by the importers and authorities in U.K. The complainant submitted that the opposite parties are bound to observe the mandatory specifications and regulations prescribed by the APEDA and bound to take steps for rodent proofing and to maintain international food safety and hygiene standards in their pack house and see that no foreign matters enters the premises. The complainant submitted that because of the gross negligence and failure on the part of the opposite parties, a rat got into one of the pallets and damaged the packed table grapes which resulted in the rejection of the entire container and thereby the complainant was made to pay the dumping charges amounting to 4,618.20 British pounds equivalent to Indian Rs.3,87,928-80 to the buyer towards the same.

(2.) The complainant further submitted that the exported table grapes were of high quality and the complainant would have got best price for the same and because of the negligent manner of the opposite parties in maintaining their cold storage, the complainant was put to loss. The complainant submitted that the opposite parties collected Rs.2,76,580/- for keeping the packed grapes in their premises and the same was also acknowledged by them and therefore the complainant got issued a legal notice on 12-7-2007 demanding them to pay the damages i.e. value of the grapes, expenses incurred by the complainant and the damages as follows:

(3.) Opposite parties filed counter denying the facts stated in the complaint and stated that they are not aware whether the complainant is a grape grower and exporter of fresh table grapes to foreign countries for the last 5 years and recognized by APEDA for packing and storing of fresh fruits and vegetables for export and is guided and regulated by the specifications and regulations prescribed the APEDA and also not aware of the complainant having an agreement with M/s Griffin & Brand (European) Ltd. U.K for the export of table grapes by complying the specifications of EUREP GAP and natures choice for exporting to European Union/United Kingdom. They admitted that from 1-3-2007 to 2-4-2007 the table grapes of the complainant were packed and stored with their cold storage and the packed cartons/pallets were stuffed in the refrigerated containers upto the period 2-4-2007. They further submit that they are not aware whether the five containers stuffed with table grapes and packed in cartons/pallets of said containers reached European Union/U.K. upto 4-5-2007. Opposite parties denied the allegation of the complainant that the said containers were sealed by the Liners and the customs authorities after they were stuffed at their premises. They denied the allegation of the complainant that after reaching U.K., the containers were opened by the importer and that in one of the containers some cartons in a pallet were found torn open and presence of a rat was felt by rat faeces and rat gnawings indicating infestation by rats and for the said reason M/s Griffin & Brand have referred the same to local authorities and the authorities of Ashfort Borough Council, U.K. declared the said consignment of table grapes not fit for human consumption and the same were ordered to be destroyed at the expense of the complainant.