RESERVED

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No.2812 of 1999

M/s Balaji Cold Storage, Gurgawan, Tilhar,

District: Shahjahanpur through Smt. Rajni Gupta,

Partner, M/s Balaji Cold Storage, R/o Shankar Rice

Mill, Kitcha, District: Udhdhamsingh Nagar.  ..Appellant.

Versus

Shiv Dayal s/o Sri Lekhraj, R/o Gram: Vaibaha,

Kasba: Katra, District: Shahjahanpur.         …Respondent.

Present:-

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

2- Hon’ble Sri Jugul Kishore, Member.

For the appellant:    Sri R.K. Gupta.

For the respondent: None

Date    15.9.2015

JUDGMENT

Sri A.K. Bose,  Member- Aggrieved by the judgment and order dated 2.12.1998, passed by the Ld. DCDRF, Shahjahanpur in complaint case No.248 of 1998, the appellant M/s Balaji Cold Storage 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 conjectures and therefore, it has been prayed that the same be set aside in the interest of justice otherwise the appellant will suffer irreparable financial loss.

(2)

During the course of hearing Ld. Counsel for the appellant Sri R.K. Gupta admitted that the appellant has not taken any step since 1999 although more than 16 years' time was provided to it for the same.

We have gone through the records of the case. From perusal of the records, it transpires that the appellant is a Cold Storage and the respondent/complainant Sri Shiv Dayal s/o Sri Lekhraj had stored 70 gunny bags of potatoes in the appellant Cold Storage on 19.3.1997. The respondent/ complainant thereafter, stored 130 gunny bags of potatoes on 26.3.1997. Thus, he had stored 200 bags of potatoes in toto. The value of the potatoes were estimated at Rs.90,000.00 and he paid a sum of Rs.3,000.00 towards the storage charges in advance. It has been alleged that when he approached the appellant Cold Storage in the month of July, 1997 for taking back his potatoes, he was informed that the same got putrefied in storage. Feeling aggrieved by this gross deficiency in service, the respondent/complaint filed complaint case no.248 of 1998 before the Ld. DCDRF, Shahjahanpur (U.P.) for redressal of his grievances.

The appellant did not appear before the Forum below. Consequently, the case proceeded exparte against it. The respondent/complainant adduced documentary evidence in support of his contentions. The complaint was allowed exparte and the appellant was directed to pay a sum of Rs.15,000.00 with 12% pendente lite and future interest towards payment of 200 gunny bags of potatoes @ Rs.75.00 per gunny bag. The respondent/complainant was not given compensation or cost of litigation.

(3)

The appellant Cold Storage instead of compliance with the liberal order of the Forum below preferred the instant appeal and obtained a stay till pendency of the appeal on 20.10.1999.

We have given due consideration on all facts, circumstances and evidence on record. Documentary evidence prove that 200 gunny bags of potatoes were stored in the appellant Cold Storage and a sum of Rs.3,000.00 was paid in advance towards storage charges. The potatoes were not returned on the ground that they got putrefied during storage. Under Section 12 of the U.P. Regulations of Cold Storage Act, 1976 (U.P. Act X1 of 1976), it is the duty of the Licensee "to take such care of goods stored in the Cold Storage as a man of ordinary prudence would take of his own goods under similar circumstances and conditions." There is nothing on record to show that the appellant had taken due care for proper storage and preservation of the potatoes. The potatoes were not returned on the pretext that they got putrefied during storage. Section 17(1) of the U.P. Act XI of 1976 further provides that "whenever goods stored in a Cold Storage begin to deteriorate or are likely to deteriorate from a cause beyond the control or the licensee, or where the hirer fails to take delivery of goods stored in the Cold Storage within a period of 15 days from the date specified therefor in the receipt, the licensee shall forthwith give notice thereof to the hirer, requiring him to take deliver of the goods immediately after surrendering

(4)

the receipt duly discharged any paying all charges due to the licensee, and sent a copy of such notice to the Licensing Officer". Sub Section 2 further provides that where the hirer fails to comply with notice referred to in sub-section (1) within a period of seven days from the date of service thereof the licensee may cause the goods to be removed from the cold storage and sold by public auction at the cost and risk of their hirer:  "Provided that the licensee shall give notice to the sale to the Licensing Officer at least forty-eight hours before such sale and the Licensing Officer shall supervise such sale either himself or through an officer authorized by him in that behalf". There is no evidence on record to the effect that the stored potatoes actually got putrefied due to a cause which was beyond the control of the appellant. From perusal of the records, it is evident that the appellant did not comply with the provisions of Section 12 and Section 17 (1) & (2) of the U.P. Regulation of Cold Storages Act, 1976. The Forum below considered the evidence on record and allowed the complaint. There is no irregularity or illegality and, therefore, we are not inclined to interfere in the same.

The Forum below granted a meagre amount of Rs.15,000.00 with 12% pendente lite and future interest towards the cost of 200 gunny bags of potatoes. No compensation or cost of litigation was awarded. The Forum below held that the cost of per bag of potatoes was Rs.75.00 at the relevant time i.e. in the year 1997. We are not inclined to interfere in this aspect of the matter.  Consequently, the appeal, being meritless, is liable to be dismissed.

(5)

ORDER

          The appeal, being meritless, is dismissed and the stay order granted on 20.10.1999 is vacated.  No order as to costs. Certified copy of the judgment be sent to the Forum below.

         (A.K. Bose)                               (Jugul Kishore)

    Presiding Member                             Member

Jafri PA-II

Court No.5