Poor temperature in state-run cold storage spoils potato seeds, farmer wins Rs 44,000

The farmer had deposited 49 bags of potato seeds in the cold storage, which were spoiled due to non-maintenance of the temperature of the cold storage. The state commission, while deciding the case, had relied on the report of the horticulture department, which showed that the potato seeds had sprouted to the extent of 75 per cent to 77 per cent.

The state commission had also rejected the contentions of the cold storage that the farmer had not given any evidence to show that the temperature of the cold storage was high, because of which the potato seeds became unfit for sowing.

The state body had ordered the cold storage to pay Rs 34,300 to the farmer, which was the price of the total potato seeds and Rs 490 that was taken as advance by the storage. The cold storage was also directed to pay Rs 10,000 for mental agony suffered by the farmer and for the litigation expenses.

Relying on a report of the Haryana Agriculture University stating sprouted potatoes can still be sown, advocates Sonali Karwasra Joon and Udayan Yadav appearing on behalf of the cold storage contended that there were no losses to the farmer. The counsel further argued that according to the terms and conditions for storing goods, they had no legal obligation for any loss caused to the farmer as a result of breakdown of the refrigeration plant.

‘Unfair and unilaterally decided’

The national commission observed that one of the conditions in the state-owned cold storage’s terms and conditions for storing goods stated that “they have no obligation for any loss/damage or the deterioration or spoilage of the stored goods etc., as a result of breakdown in the refrigeration plant, leaking of gas or non-supply of electricity etc.” which, as per the commission, was “unfair and unilaterally decided” and could not bind the farmer.

The national commission noted that “the cold storage did not function at the required level for a certain period” and even though the Haryana Agriculture University report indicates that sprouted potatoes can be planted, the report also states that the sprouted potatoes are not suitable for consumption.

Accordingly, the national commission was of the view that the state commission and the district commission had passed a “well-reasoned order” and that there was “no illegality or material irregularity” in the order of the state commission.

Takeaway

The ruling establishes the obligation of companies to ensure proper services and that the concerns of the consumers must not be ignored, causing them unnecessary inconvenience. For consumer-related grievances, individuals may call the National Consumer Helpline at 1915 for assistance.

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