H. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION SHIMLA RBT/Consumer Complaint No.: 01/2020 Date of Presentation: 17.03.2018 Order Reserved on: 25.07.2023 Date of Order: 04.08.2023 _____

Sh. Vinit Ghasta, S/O Sh. Vidya Sagar Ghasta, R/O Village &

P.O. Baghi (Ratnadi), Tehsil Kotkhai, District Shimla, H.P.

…… Complainant Versus

1. M/s Bhola Nath Rakesh Kumar, Fruit Commission Agents &

Order Suppliers, C-70, New Subzi Mandi, Azadpur, Delhi- 110033, through its Authorized Signatory Sh. Rakesh Kumar.

2. Sh. Rakesh Kumar, Authorized Signatory, M/s Bhola Nath Rakesh Kumar, Fruit Commission Agents & Order Suppliers, C-70, New Subzi Mandi, Azadpur, Delhi-110033.

3. M/s Neenu Shyam, W/O Sh. Lal Chand, R/O House No.6, Shyam Niwas, Upper Kaithu, Shimla-3, H.P.

4. Sh. Lal Chand Shyam, R/O House No.6, Shyam Niwas, Upper Kaithu, Shimla-3, H.P.

5. Desai Agri Farms (P) Ltd., House No.426, Amadpore, N.H.

No.8, Navseri, Gujarat-396445, through its Authorized Signatory Sh. Ajeet Desai.

6. Sh. Ajeet Desai, Authorized Signatory, Desai Agri Farms (P)

Ltd., House No.426, Amadpore, N.H. No.8, Navseri, Gujarat-

396445.

7. Market Committee, Azadpur Sabzi Mandi, Delhi, Office Complex, MNI Azadpur, NFM, Phase-II, Sarai Pipal Thala, Delhi-110033 through its Chairman.

…..Opposite Parties.

Coram Hon’ble Justice Inder Singh Mehta, President Hon’ble Ms. Sunita Sharma, Member.

Hon’ble Mr. R.K. Verma, Member.

Whether approved for reporting?

For Complainant: Mr. Manoj Sharma, Advocate vice Mr.Peeyush Verma, Advocate For Opposite Parties No.1 & 2:Mr. K.S. Banyal, Senior Advocate along with Ms. Kiran Sharma, Advocate.

For Opposite Parties No.3 to 6: None For Opposite Party No.7: Already ex-parte.

Justice Inder Singh Mehta, President

O R D E R

The complainant has filed the instant complaint seeking directions to the opposite parties to pay Rs.71,25,182/- along with interest at the rate of 18% per annum from September 2016, till its realization, Rs.5.00 lacs for the unfair trade practices and deficiency in service and Rs.2.00 lacs for litigation charges.

Brief facts of Case

2. Brief facts stated are that the complainant is horticulturist and resident of VPO Baghi (Ratnadi), Tehsil Kotkhai, District Shimla, H.P. and is engaged in sale of agricultural and horticultural products for earning his livelihood by way of self employment. The opposite parties M/s Bhola Nath Rakesh Kumar & others are engaged in the business of sale and purchase of horticultural produce. In the year 2016, w.e.f. 03.09.2016 to 18.09.2016, the complainant forwarded 7231 crates and 232 boxes of apples to opposite party No.2. Rakesh Kumar, total value of which was Rs.84,25,182/-. Against the said amount of

1 Whether reporters of the local papers may be allowed to see the order?

Rs.84,25,182/-, the complainant only received Rs.13,00,000/- and amount of Rs.71,25,182/- still remains to be paid. Despite repeated request of the complainant, no payment was made by the opposite party No.2 to the complainant till date. The opposite parties No.1 to 6 wrongly and illegally withhold the due and payable sum of Rs.71,25,182/- to the complainant. Legal notice dated 17.06.2017 was issued to the opposite parties No.1 to 6, but in vain. Hence, this complaint.

3. The complaint is contested by the opposite parties by filing their separate replies.

4. The opposite parties No.1 and 2/Bhola Nath Rakesh Kumar in their reply stated that they never received any apple consignment from the complainant, therefore, there arises no question of making any payment to complainant. There is no deficiency in service, as alleged. Hence, a prayer for dismissal of the complaint has been sought.

5. The opposite parties No.3 and 4 Ms.Neenu Shyam and Sh.Lal Chand in their reply stated that they never approached complainant for sale and purchase of apple consignment and they never provided any services to the complainant. Hence, a prayer for dismissal of the complaint has been sought.

6. The opposite parties No.5 and 6/Desai Agri Farms Pvt. Ltd. and Ajeet Desai in the