State Consumer Disputes Redressal Commission
U.P., Lucknow.
Appeal No.3054 of 1999
Gautam Singh s/o Sri Sowarn Singh,
R/o Nagla Nain, Post & Town: Fatehgarh,
District Farrukhabad. ...Appellant.
Versus
1- M/s Pawan Cold Storage, Bebar Road,
Bholepur, Fatehgarh, District, Farrukhabad
Through Owever/Proprietor Pawan Kumar Agarwal
S/o Sri Mahavir Prasad.
2- Aaloo Vikas Adhikari,
District Farrukhabad. .…Respondents.
Present:-
1- Hon’ble Sri A.K. Bose, Presiding Member.
2- Hon’ble Sri Jugul Kishor, Member.
None appeared.
Date 11.2.2015
JUDGMENT
Sri A.K. Bose, Member- Aggrieved by the judgment and order dated 28.10.1999, passed by the Ld. DCDRF, Farrukhabad in complaint case No.833 of 1997, the appellant/complainant Gautam Singh s/o Sri Sowarn Singh 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 the appellants will suffer irreparable loss.
(2)
The appeal was taken up for hearing on 27.1.2015. None responded on that date. Since the appeal was pending for the last 16 years for disposal, therefore, in view of Rule 8(6) of the U.P. Consumer Protection Rules, 1987, we preferred to proceed with the matter for disposal on the basis of evidence on record. From perusal of the records, it transpires that a number of notices were sent to the respondents by ordinary as well as by means of Service Postage Stamp (SPS) but they neither appeared nor filed their objections and, therefore, the appeal was listed on 28.1.2015 for arguments.
From perusal of the records, it transpires that the appellant/complaint had kept 233 gunny bags of potatoes in 15 lots in the respondent M/s Pawan Cold Storage vide receipt no.298/06 dated 17.2.1997, 398/10 dated 19.2.1997, 305/02 dated 17.2.1997, 365/03 dated 18.2.1997, 303/25 dated 17.2.1997, 157/07 dated 19.2.1997, 438/40 dated 19.2.1997, 391/26 dated 19.2.1997, 363/33 dated 18.2.1997, 302/27 dated 18.2.1997, 297/37 dated 17.2.1997, 885 dated 27.2.1997, 884/02 dated 27.2.1997, 298/06 dated 17.2.1997 and 305/02 dated 17.2.1997. It seems that the receipt no.298/06 dated 17.2.1997 at serial no.1 has been repeated. The respondent Cold Storage issued Printed receipts acknowledging the receipt of the 233 gunny bags of potatoes. It has been alleged that when the appellant/ complainant approached the respondent for release of the same, the respondents refused to do so. Accordingly, a legal notice was given to the respondent-Cold Storage and
(3)
subsequently, complaint case no.833 of 1997 was filed for redressal of the grievances. The Forum below proceeded exparte against the respondent Cold Storage and disbelieved the evidence adduced by the appellant/complainant and dismissed his complaint. It even disbelieved the genuineness of the receipts without any cogent or logical reasons and mechanically held that there was no deficiency in service. The legal notice given to the respondent Cold Storage and affidavit of the appellant were also disbelieved for no cogent reason. The impugned exparte judgment is, therefore, against the facts, circumstances and evidence available on record and, therefore, can not be allowed to sustain. Accordingly. The exparte judgment deserves to be set aside.
ORDER
The appeal is allowed. The exparte judgment and order dated 28.10.1999 being against the documentary evidence available on record, is set aside. The file is remanded back to the Forum below for disposal afresh after giving due opportunity of audi alteram partem. No order as to costs. Certified copy of the judgment be provided to the parties in accordance with rules.
(A.K. Bose) (Jugul Kishor)
Presiding Member Member
Jafri PA-II
Court No.4
