ORAL

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No. 1606 of 2016

S.L. Cold Storage (Pvt.) Ltd., Phuphai,

EKDIL, District Etawah.                                    ….Appellant. 

Versus

Shiv Nath s/o Sri Radhey Shyam,

R/o Village, Ramgarh, Thana, Dibiyapur,

District, Auraiya.                                             ….Respondent.

Present:-

Hon’ble Justice Mr. Akhtar Husain Khan, President.

Mr. Ram Gopal, Advocate for Appellant.

Mr. A.K. Singh, Advocate for respondent.

Date:  17.5.2019

JUDGMENT

          This is an appeal filed before State Commission under section 15 of the Consumer Protection Act, 1986 against judgment and order dated 13.7.2016 passed by District Consumer Forum, Auraiya in complaint no.341 of 2015, Shiv Nath vs. S.L. Cold Storage Pvt. Ltd., Phuphai, Ekdil, District Etawah whereby District Consumer Forum has allowed complaint and passed order in Hindi which is extracted below:-

“परिवाद विपक्षी के विरूद्व 50200/- रू0 की वसूली हेतु स्‍वीकार किया जाता है, इस धनराशि पर वादयोजन की तिथि से वास्‍तविक भुगतान की तिथि तक 7 प्रतिशत वार्षिक साधारण ब्‍याज भी देना होगा विपक्षी का आदेशित किया जाता है कि उपरोक्‍तानुसार धन‍राशि निर्णय के 1 माह में परिवादी का अदा करें।”

          Feeling aggrieved by the order of the District Consumer Forum, opposite party of complaint has filed this appeal.

          Ld. Counsel Mr. Ram Gopal appeared for appellant. Ld. Counsel Mr. A.K. Singh appeared for respondent.

          I have heard ld. Counsel for parties and perused impugned judgment and order as well as records.

          Relevant facts for determination of appeals are that the respondent/complainant has filed complaint before District Consumer Forum wherein it has been stated by the respondent/complainant that he has stored 118 bags of  potatoes in the Cold Storage of appellant/opposite party. Each bag was containing 55 Kgs potatoes.

(2) 

          In complaint, it has been contended by the respondent/ complainant that the respondent/complainant went to the Cold Storage of appellant/opposite party on 7.10.2015 to take delivery of his potatoes but he found that the potatoes are in damaged condition. Thereafter, respondent/complainant made complaint to appellant/opposite party and gave notice to him for compensation but the appellant/ opposite party did not pay any compensation to respondent/ complainant. Consequently, feeling aggrieved, he filed complaint before the District Consumer Forum.

           Appellant/opposite party filed written statement before the District Consumer Forum wherein it has been stated that they have sold the potatoes of respondent/complainant per direction of respondent/complainant and has informed respondent/complainant accordingly.

          In written statement, appellant/opposite party further stated that the complainant has not made any payment to appellant/opposite party against cold storage charges.

          After having considered the pleadings of the parties as well as evidence on record, the District Consumer Forum is of the view that appellant/opposite party is liable to pay compensation to respondent/complainant for his potatoes.

          The District Consumer Forum has assessed amount of compensation @400.00 per bag of potatoes. The District Consumer Forum has further awarded Rs.2,000.00 to respondent/complainant as compensation for mental harassment and Rs.1,000.00 as cost of litigation.

          In view of above, District Consumer Forum has allowed complaint and passed order which has been extracted above        

          It is contended by ld. Counsel for appellant that impugned judgment and order passed by District Consumer Forum is erroneous and against facts.

Ld. Counsel for respondent/complainant has opposed appeal and contended that the impugned judgment and order passed by District Consumer Forum is correct. No interference is justified.

I have considered the submissions made by ld. Counsel for parties.

It is admitted fact that the respondent/complainant has stored 118 bags of potatoes in the Cold Storage of appellant/ opposite party and each bag was containing 55 Kgs potatoes.

It is also admitted fact that the potatoes have not been delivered back to respondent/complainant.

(3)

It is contended by ld. Counsel for appellant/opposite party that they have sold potatoes per direction of respondent/complainant but appellant/opposite party has failed to prove such direction allegedly given by respondent/ complainant.

Considering pleadings of the parties as well as facts and circumstances of the case, I am of the view that the District Consumer Forum has rightly allowed compensation to respondent/complainant for his potatoes.

Quantum of compensation fixed by District Consumer Forum for potatoes appears appropriate.

Cost of litigation awarded by District Consumer Forum is also appropriate but Rs.2,000.00 awarded by District Consumer Forum to respondent/complainant for mental harassment appears unjust because the District Consumer Forum has awarded interest on the amount of compensation to respondent/complainant. Therefore, Rs.2,000.00 compensation awarded by District Consumer Forum for mental harassment should be set aside.  

In view of above, appeal is allowed partially and compensation of Rs.2,000.00 awarded by District Consumer Forum to respondent/complainant for mental harassment is set aside.

Remaining part of the order passed by District Consumer Forum shall remain intact.

  In appeal, parties shall bear their own costs.

 Rs.25,000.00 deposited by appellant under section 15 of the Consumer Protection Act in this appeal shall be remitted to District Consumer Forum alongwith interest accrued for disposal in accordance with this judgment and orders.

 (Justice Akhtar Husain Khan)       

                                                              President                            

Jafri PA II

Court No.1