State Consumer Disputes Redressal Commission
Rajendra vs Shivprasad Dubey on 3 February, 2023
Daily Order M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PLOT NO.76, ARERA HILLS, BHOPAL FIRST APPEAL NO. 1450 OF 2012 (Arising out of order dated 09.07.2012 passed in C.C.No.31/2012 by District Commission, Damoh) RAJENDRA KUMAR PATEL, S/O SHRI BALCHAND PATEL, R/O SITANAGAR, TEHSIL-PATHARIA, DISTRICT-DAMOH (M.P.). ... APPELLANT. Versus 1. PROPRIETOR SHIV PRASAD DUBEY, S/O SHRI RAM SAHAY DUBEY, FIRM-SHRI RAM SAHAY WARE HOUSE, SITANAGAR, TEHSIL-PATHARIA, DISTRICT-DAMOH (M.P.) 2. BRANCH MANAGER, MADHYA BHARAT GRAMIN BANK, BRANCH NARSINGHGARH, DISTRICT-DAMOH (M.P.) .... RESPONDENTS. BEFORE : HON'BLE SHRI A. K. TIWARI : PRESIDING MEMBER
HON'BLE DR. SRIKANT PANDEY : MEMBER HON'BLE SHRI D. K. SHRIVASTAVA : MEMBER COUNSEL FOR PARTIES : Shri V. K. Saxena, learned counsel for appellant. None for the respondent no.1. Shri Manoj Kumar Shahi, learned counsel for the respondent no.2. O R D E R (Passed On 03.02.2023)
The following order of the Commission was delivered by A. K. Tiwari, Presiding Member:
This appeal by the complainant/appellant is directed against the order dated 09.07.2012 passed by the District Consumer Disputes Redressal Commission, Damoh (For short 'District Commission') in -2- C.C.No.31/2012 whereby the complaint filed by him has been dismissed by the District Commission.
2. Facts of the case in brief as stated by the complainant/appellant are that on 15.02.2011 he kept 400 bags of soyabean costing Rs.9,20,000/- in opposite party no.1 ware house for which the opposite party no.1 had given receipt number 1203. It is alleged that the opposite party no.1 insisted him to take loan for him with assurance that he will repay the same. On relying the assurance given by the opposite party no.1, the complainant on 18.02.2011 took loan for a sum of Rs.5,00,000/- from the opposite party no.2-bank for opposite party no.1. On 29.12.2011, the opposite party no.2-bank send a demand letter for a sum of Rs.5,00,000/- with interest total sum of Rs.5,34,313/-. It is alleged that when the complainant along with demand letter of opposite party no.2 approached the opposite party no.1 for taking back the soyabean stored but the opposite party no.1 refused to return the goods kept by him. On 05.01.2012 he came to know through newspaper that something went wrong in the opposite party no.1-warehouse and the goods of other farmers including the complainant costing Rs.2.5 crore have disappeared. Despite repeated requests made by the complainant for return of goods, the opposite party no.1 did not return the goods and hence committed deficiency in service. The complainant therefore filed a complaint before the District Commission alleging -3- deficiency in service on part of opposite parties seeking cost of 400 bags of soyabean Rs.9,20,000/-, compensation of Rs.10,000/- for mental agony and Rs.2,000/- as costs.
3. The opposite party no.1 resisted the complaint stating that the complainant did not fall under the category of consumer since on the basis of receipt of goods kept in warehouse, he took loan from the opposite party no.2-bank. In the intervening night of 23-24.12.2011, accidentally, fire broke out in ware house and the cereals including cereal of complainant kept in warehouse got damaged regarding which criminal case was registered and investigation is going on. The opposite party no.2-bank also depute security guards in the warehouse and the bank also physically verified the cereals of the complainant kept in warehouse time to time, thus there is no possibility There is no deficiency in service on part of the opposite party no.1-warehouse. It is therefore prayed that the complaint be dismissed with costs.
4. The opposite party no.2-bank resisted the complaint stating that on the basis of receipt issued by the opposite party no.1-warehouse regarding cereals kept in his warehouse, the opposite party no.2-bank provided loan to the complainant on 04.01.2011. The complainant deposited the requisite documents for the same. Till 29.12.2011, there was outstanding amount of Rs.5,34,313/- against the complainant. The -4- complainant did not repay the loan amount and only from escaping the liability to repay the loan amount, has filed the present complaint. It is therefore prayed that the complaint be dismissed.
5. Heard learned counsel for the parties. Perused the record.
6. Learned counsel for the complainant/appellant argued that the District Commission failed to consider the aspect that the complainant stored his cereals with the opposite party no.1 and on the basis of receipt issued by the opposite party no.1, the opposite party no.2-bank sanctioned the loan. The District Commission though held that the cereals of the complainant stored in warehouse of opposite party no.1 and the opposite party no.2 depute security guards to look after the warehouse this clearly shows that the cereals of the complainant were kept under the possession and surveillance of both opposite parties. In such circumstances, the District Commission ought to have directed the opposite parties to supply the cereals of the complainant to him and instead the District Commission erroneously dismissed the complaint. It is therefore prayed that the impugned order be set-aside and the appeal be allowed.
7. Learned counsel for the opposite party no.2-bank argued that the complainant had obtained loan from the bank and did not repay the same. Still there is outstanding amount of about Rs.5.50 lacs against him. Despite repeated demands raised, the complainant failed to pay the -5- outstanding loan amount. Thus there is no deficiency in service on part of the opposite party no.2-bank. It is therefore submitted that the District Commission has rightly dismissed the complaint and this appeal deserves to be dismissed.
8. We have perused the complaint, reply, affidavits and documents filed by the parties. From the record we find that it was not denied by the opposite party no.1 that the complainant did not store his cereals with him, however, due to fire broke out in the warehouse, the cereals kept in the warehouse including the cereals of the complainant got damaged. It is also an admitted fact that on the basis of receipt provided by the opposite party no.1-warehouse, regarding storing of cereals, the complainant had obtained loan from the opposite party no.2-bank.
9. The allegation of the complainant that he came to know that something went wrong in the warehouse is not substantiated by any documentary evidence. Also he did not controvert the pleadings of the opposite party no.1 that fire was broke out in the warehouse. He also failed to establish that the cereals kept in the warehouse are still there and the opposite party no.1 did not return the same. He also failed to establish that he took loan for the opposite party no.1 and had given the loan amount to opposite party no.1, who did not pay the same. Thus the fact remains that he took loan from the opposite party no.2-bank and did not repay the same -6- to the bank. He did not file any receipt to show that he had given loan amount to the opposite party no.1. Also he did not file any documentary evidence to establish that the opposite party no.1 assured him to repay the loan obtained by him from opposite party no.2-bank.
10. The warehouse was insured by the insurance company but the parties did not take any steps to implead the insurance company as a necessary party to the case. Even when this issue was decided by the District Commission, no party came in revision or appeal raising the said issue and therefore, the order of the District Commission became final.
11. In our considered view, in the absence of any credible evidence regarding deficiency in service against the opposite parties, as alleged by the complainant, the District Commission has rightly dismissed the complaint.
12. We do not find any illegality or infirmity in the order passed by the District Commission, which is hereby upheld.
13. In the result, the appeal fails and is hereby dismissed with no order as to costs.
(A. K. Tiwari) (Dr. Srikant Pandey) (D. K. Shrivastava) Presiding Member Member Member