P.N. Kashalkar, Presiding Judicial Members—The complainant Mr. S N H S Hussain has filed this complaint against the Manager, Buldhana Urban Co-op. Credit Society Ltd., Branch, Rohana, Tah. Khamgaon, Distt. Buldhana.

2. According to the complainant he is resident of Village Dhad, Tah. & Distt. Buldhana. O.P. is Co-op. Credit Society registered under Co-operative Societies Act. It has 148 branches and 95 warehouses. It has one warehouse at Rohana, Tah. Khamgaon, Distt. Buldhana for storing grains and seeds on rental basis and the said Society sanctions the loan on the stored seeds and grain as per valuation of stored goods.

3. The complainant has been storing grains or seeds in the said warehouse, of O.P. at Rohana for the past so many years. The onion seeds were bought by him for the purpose of earning his livelihood by means of self employment. The seeds were stored by him in the warehouse of O.P. for preservation and to maintain its quality and specially the germination capacity. The complainant used to pay rent for storage and preservation. In the said warehouse of O.P., the complainant had stored 587 bags of onion seeds having weight of 384 quintal and germination capacity of 80%. The loan given to him on the said seeds was of Rs. 11,00,000/-.

4. The complainant says that germination capacity of seeds, stored in the warehouse, was quite high and he paid the rent of the warehouse from time to time and lastly he paid rent on 02.02.2007, having its validity till 02.05.2007. He had availed the facility of loan on the goods stored by him, compared to the then prevailing price of Rs. 4,000/- per quintal.

5. According to the complainant, on 21.06.2007 he received the notice dated 23.05.2007 from the O.P., asking him to make payment of rent and take away the goods. The complainant went to the warehouse on 22.06.2007 for paying outstanding loan amount and taking seeds back because at that time, the prevailing market rate of onion was Rs. 15,000/- per quintal. But, there he noticed that the condition of the seeds was deteriorating and bags were damaged. Complainant, in writing, requested the O.P. to take sample of onion seeds for testing its germination capacity but O.P. refused to acknowledge the same. Complainant took away the sample and forwarded the grievance to the O.P. and earnestly requested them to send the seed sample to the approved testing laboratory. But there was no response. Within a week’s time it was revealed that seeds were nothing but a waste material and no germination was noticed. To maintain the required humidity and temperature was the bounden duty of O.P. authorities. But seeds were not properly preserved in the warehouse. Therefore, complainant came back with the sample, which was having zero germination capacity. He, therefore, could not take the delivery of goods. Complainant, on 28.06.2007, gave a reply to the notice dated. 23.05.2005 sent by O.P. He also sent a notice on 25.07.2007 to the O.P., stating to obtain the sample of seeds in his presence and in the presence of Panchas, to deliver sample bags to the complainant, so that, germination capacity could be decided by authorized laboratory. He went to respondent on 26.07.2007 for collecting the sample bags but there was no valid response from O.P.

6. He further submits that there was some foul play by O.P. and because of mismanagement in maintaining the seeds in the warehouse, the seeds have lost its germination capacity.

7. The complainant further pleaded that Divisional Manager, Godown of O.P. issued advertisement in daily news paper Dainik Deshonnati dated. 15.07.2007, calling upon the tenders to sell 2023 quintals of onion seeds stored in Rohana, Dhamangaon and Dhad warehouses. So O.P. is taking the step with ulteior motive and to deprive the complainant from getting the seeds duly tested from the certified laboratory and therefore, complainant pleaded that he has been compelled to approach this Court for justice and he has prayed that he has suffer