G.M.R.INDUSTRIES LTD Vs. BADAGALA

JUDGEMENT

(1.) Aggrieved by the order in C.D.No.61/2006 on the file of District Forum, Srikakulam, opposite parties preferred this appeal.

(2.) The brief facts as set out in the complaint are that the opp.parties motivated the complainant to cultivate sugar cane in his wet lands and also assured that they will take the sugar cane in the month of December every year and will pay the value of the same immediately by remitting the amount into the complainants bank account. Motivated by the assurance of the opp.parties, the complainant planted the sugar cane in his wet land in an extent of Ac.2 cents in Jalluvalasa Village and the opp.parteis issued Ryothvari Pass Book no.C.L.No.53659. The complainant submits that opp.parties did not take proper steps for cutting the sugar cane in the month of December, 2002-2003 and after several requests the opp.parties have taken the sugar cane crop in the month of March, and paid Rs.65,000/- after a lapse of 6 months time. The complainant submits in the year 2003-2004 also the opp.parties did not take steps to cut the sugar cane in the month of December and with an ulterior motive to cause loss to the complainant ordered cutting of crop in the month of March due to which the sugar cane lost weight and was spoilt by the animals. After several requests made by the complainant, opp.party no.2 issued a letter dt.22.6.2005 to the complainant addressed to AMC for payment of the sugar cane amount after deducting Rs.500/-, but opp.party no.1 did not pay the amount. Opp.parties did not release the payment of the complainant, but on 9.12.2005 deposited an amount of Rs.11,533/- by way of cash in ABJ 2848 account of the complainant. Alleging deficiency in service, the complainant approached District Forum to direct the opp.parties to pay the value of sugar cane amount for the year 2003-2004 Rs.1 lakh on deducting amount of Rs.11,533/- which is already paid by the complainant, to pay Rs.1 lakh towards financial loss for non payment of sugar cane amount in time to pay 36% interest from the date of taking sugar cane till the date of payment and to pay costs of Rs.10,000/- and to pay Rs.1000/- towards advocates fee.

(3.) Opposite party no.1 filed counter which was adopted by opp.party no.2. The opp.party submits that the complainant has given his offer under Form no.2 wherein some particulars have been mentioned and an agreement has also been executed in favour of opp.party by the complainant under Form no.3 and the complainant has not furnished the bank account. The complainant submitted form no.2 in the office of opp.party no.1 and did not contact personally and also has not furnished the bank account for which the amount of sugar cane is to be deposited. Opp.party no.2 expressed his willingness that he will cut the sugar cane in the presence of the complainant and transport the same to the premises of the sugar factory and cutting and carrying charges if met by the complainant, he will reimburse the charges for which the complainant did not give any response and hence opp.party no.2 got the sugar cane crop cut carefully and transferred to the premises of sugar factory and deposited an amount of Rs.11,533/- on 9.12.2005 in the complainants account which was withdrawn by the complainant without any protest. Opp.party submits that there is no deficiency in service on their behalf and seeks for dismissal of the complaint with costs.