RESERVED

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No.1697 of 2006

Deo Narain aged about 67 years,

S/o Sri Ram Dutt Trivedi,

R/o Korari Kalan, Pargana: Harha, 

Tehsil & District: Unnao.                                ...Appellant.

Versus

Ahuja Brothers Cold Storage Pvt. Ltd.,

Rae Bareli Road, Korari Kalan, District: Unnao

Through its Manager.                                   Respondent.

Present:-

1- Hon’ble Sri A.K. Bose, Presiding Member.

2- Hon’ble Smt. Bal Kumari, Member.

None appeared.

Date    7.8.2015

JUDGMENT

Sri A.K. Bose,  Member- Aggrieved by the judgment and order dated 3.5.2006, passed by the Ld. DCDRF, Unnao in complaint case No. 375 of 2003, the appellant  Deo Narain has preferred the instant appeal under Section 15 of the Consumer Protection Act, 1986 (Act 68 of 1986) on the ground that the impugned order is arbitrary, perverse and is bad in the eye of law. It was delivered without proper appreciation of law and/or application of mind on the basis of surmises and conjunctures and therefore, it has been prayed that the same be set aside in the interest of justice otherwise he will suffer irreparable financial loss.

From perusal of the records, it transpires that the appellant stopped pursuing the matter after filing the appeal. Since the appeal was pending for disposal for more

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than 8 years therefore, in view of the provisions contained under Rule 8(6) of the U.P. Consumer Protection Rules, 1987 read with Section 30(2) of the Act 68 of 1986, we preferred to decide the appeal on the basis of evidence available on record at the admission stage.

From perusal of the records, it transpires that the appellant/complainant Sri Deo Narain had kept 35.31 quintals potatoes in the respondent Cold Storage for which the respondent had charged a sum of Rs.3,432.00 from him whereas, charges fixed by the Government was Rs.82.00 per quintal.  As such, a sum of Rs.2900.00 plus labour charges totalling to Rs.3,032.00 was only payable. Thus, the respondent charged Rs.400.00 in excess from him towards the services provided by it. Aggrieved by this remiss, complaint case no.375 of 2003 was filed for redressal of his grievances.

The respondent Ahuja Brothers Cold Storage Pvt. Ltd., Rae Bareli Road, Korari Kalan, District: Unnao, in its written statement has furnished details of the charges and made it absolutely clear that nothing excess was charged from the appellant/ complainant. After hearing both the parties, the Forum below came to the conclusion that the complaint was frivolous and vexatious in nature and, therefore, it dismissed the complaint and awarded a sum of Rs.1,000.00 cost of litigation to the respondent/O.P. Aggrieved by this order, the instant appeal has been filed by the complainant.

We have gone through the impugned judgment and order. It is a well discussed judgment in which the Forum

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below discussed all aspects of the matter and gave details of charges and found that the same was done in accordance with the rules. There is nothing on record to show that the details, as shown in the judgment, are incorrect. The appellant/ complainant was required to fetch back the potatoes by 31.10.2003 which he failed to do so. He took back the potatoes from the Cold Storage on 20.11.2003 for which extra payment was charged from him which was as per the rules. There is no irregularity or illegality in the order. The respondent issued receipt of payment received from the appellant/complainant. The judgment is well discussed and we are no inclined to interfere in it. Consequently, the appeal, being meritless, is liable to be dismissed at the admission stage.

ORDER

          The appeal, being meritless, is dismissed at the admission stage.  No order as to costs. Certified copy of the judgment be provided to the parties in accordance with rules.

         (A.K. Bose)                                (Bal Kumari)

    Presiding Member                             Member

Jafri PA-II

Court No.4