Petitioner/complainant kept 500 kattas of potatoes (each containing 50 kg) on 25.03.2008 and 124 kattas of potatoes on 02.04.2008 in the cold storage of the respondent/opposite party.  When he went to take back the potatoes on 30.09.2008, he found that the potatoes had shriveled.  Aggrieved by this, complainant filed the complaint before the District Forum.

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          District Forum allowed the complaint and directed the respondent to pay the petitioner for the loss suffered by him                       @ Rs.200/- per quintal for 500 kattas of potatoes and Rs.150/- per quintal for 239 kattas of potatoes which had become bad (daagi).

          Not satisfied with the order passed by the District Forum, petitioner preferred the appeal before the State Commission which has been dismissed by the impugned order.

          The District Forum had assessed the rate of potatoes on the basis of the rate list issued by Krishi Upaj Mandi.  The relevant observations of the District Forum read as under:

 ‘Non-applicant has submitted a photo copy of list of rates and Krishi Upaj mandi.  According to list moderate of potato Ex.R-6 as Rs.200/- per quintal.  Then there is sufficient amount of Rs.150/- per quintal for 500 bags & Rs.200/- per quintal for 239 bags of potatoes should given to complainant.

          Counsel for the petitioner is unable to show any evidence on record that the rate of potatoes at the relevant time was more than

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Rs.200/- per quintal.  The orders passed by the fora below are based on evidence, which the petitioner is not in a position to displace.  No merits.  Dismissed.