RESERVED
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1139 OF 2015
(Against the judgment/order dated 15-05-2015 in Complaint Case
No. 80/2013 of the District Consumer Forum, Hathras )
M/s.Vishwanath Cold Storage (P) Ltd.
Rayak Bhursan, District Hathras.
Through its Director Jagveer Singh
S/o Shiv Charan Singh ...Appellant/Opposite Party
Vs.
Ghanshyam Singh, S/o Ram Charan Singh
Village Badakala, Tehsil Iglash
District Aligarh ...Respondent/Complainant
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
HON’BLE MRS. BAL KUMARI, MEMBER
For the Appellant : Sri Alok Kumar Singh, Advocate.
For the Respondent : Sri Naveen Tiwari, Advocate.
Dated : 29-07-2016
JUDGMENT
PER MR. JUSTICE A. H. KHAN, PRESIDENT
This is an appeal filed under Section-15 of the Consumer Protection Act 1986 against judgment and order dated 15-05-2015 passed by District Consumer Forum, Hathras in Complaint No. 80 of 2013 Ghanshyam Singh V/s Vishwanath Cold Storage (P) Limited, whereby District Consumer Forum, Hathras has ordered appellant/opposite party to pay compensation to respondent/complainant for damages of potatoes kept in Cold Storage of appellant/opposite party in 508 bags. The damage is payable at the rate of Rs.500/- per bag with interest at the rate of 9% per annum from the date of complaint. District Consumer Forum has further ordered appellant/opposite party to pay to respondent/complainant Rs.3,000/- as compensation for mental harassment and Rs.3,000/- as cost. District Consumer Forum has ordered to pay said amounts within 30 days of judgment.
Learned Counsel Mr. Alok Kumar Singh appeared for appellant.
Learned Counsel Mr. Naveen Kumar Tiwari appeared for respondent.
We have heard learned Counsel for the parties and perused impugned
judgment and order.
It is contended by learned Counsel for appellant that appellant is ready to
pay compensation for damages to respondent. But the rate of potatoes fixed by District Consumer Forum for payment of compensation is very high and against
decision of Panchayat.
It is contended by learned Counsel for respondent that rate of potatoes fixed by District Consumer Forum is reasonable. Alleged decision of Panchayat is without authority. It has been got fabricated by appellant without consent or agreement of respondent.
We have considered submissions made by learned Counsel for the parties.
The sole controversy between parties in this appeal is about rate of potato.
Appellant has filed copy of Panchayat Samjhauta in which rate of fat sugar-free potato has been fixed Rs.200/- per bag whereas rate of gulla sugar- free potato has been fixed Rs.150/- per bag. This Samjhauta (Settlement) has been signed by five alleged Panchas. It does bear signature or thumb impression of respondent/complainant. There is nothing to show that Panchas have been appointed with consent or approval of complainant/respondent. This Panchayat Samjhauta cannot be imposed on complainant/respondent without his consent.
Impugned judgment of District Consumer Forum shows that respondent/complainant has filed price list of potato prevalent in relevant year. Price list filed by complainant/respondent was not rebutted by appellant/opposite party. District Consumer Forum has fixed rate of potato Rs.500/- per bag which is lesser than prevalent market rate. The rate of potato fixed by District Consumer Forum is not high and excessive. No interference is justified in it.
District Consumer Forum has allowed interest on compensation awarded. Therefore, we are of the view that Rs.3,000/- awarded by District Consumer Forum for mental harassment should be set aside.
In view of above, appeal is allowed partly. Compensation of Rs.3,000/- awarded by District Consumer Forum for mental harassment is set aside. Remaining part of impugned judgment is upheld.
Parties shall bear their own costs.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A. H. KHAN )
PRESIDENT
( SMT. BAL KUMARI )
MEMBER
