Haryana

StateCommission

A/1083/2015

AMRIK SINGH - Complainant(s)

Versus

SHRI SHANKAR PURI COLD STORE - Opp.Party(s)

R.K.RANA

22 Sep 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

 

 

 

 

                                       First Appeal No.                   1083 of 2015

                                                Date of Institution:       17.12.2015

                                                Date of Decision:         22.09.2016

 

 

Amrik Singh son of Sh. Joginder Singh, r/o Shadipur, Ladwa, Tehsil Thanesar, District Kurukshetra.

…..Appellant-Complainant

 

 

Versus

 

 

1.      M/s Shri Shankar Puri Cold Store, Plot No.1, I.D.C, G.T. Road, Ambala City.

 

2.      Sh. Sonu Dhawan, Proprietor of M/s Shri Shankar Puri Cold Store, Plot No.1, I.D.C. G.T. Road, Ambala City.

…Respondents-Opposite Parties

 

 

 

CORAM :            Hon’ble Mr. Justice Nawab Singh, President

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.

 

 

 

 

For the parties:  Mr. R.K. Rana, Advocate for the appellant

                             Mr. S.R. Bansal, Advocate for the respondents assisted by Mr. Naresh Dhawan.

 

 

O R D E R

 

 

 

NAWAB SINGH J, (ORAL)

 

          This complainant’s appeal is directed against the order dated October 15^th, 2015 passed by District Consumer Disputes Redressal Forum, Ambala (for short ‘District Forum’) whereby complaint filed under Section 12 of the Consumer Protection Act, 1986 was dismissed.

2.      It is the case of Amrik Singh-complainant that on May 24^th, 2009, he stored 250 bags (Each Bag of 50 Kg) of onion in Shri Shankar Puri Cold Store, Ambala City (for short, ‘Shankar Puri Cold Store’).  The lot numbers of the bags were 34/35, 34/134 and 34/81.  The storage rent per bag was Rs.100/-.  He visited the Cold Storage in the first week of September, 2009 and and found that contents of his bags were rotten because of the leakage in the roof on account of installation of mobile tower on the roof of the Cold Storage.  He issued notice to the Cold Storage to pay him the amount of Rs.1,25,000/-, that is, Rs.500/- per bag but to no avail.  Hence, he filed complaint before the District Forum.

3.      Written Version was filed by the Cold Storage averring that the bags were stored by M/s Jagdamba Cold Storage, Ladwa through Dev Raj Dhawan and complainant never visited the Cold Storage even once.  It was also pleaded that out of 250 bags, 177 bags were sent to M/s Jagadamba Cold Storage vide Annexures R-10, R-11 and R-13.  It was further pleaded that M/s Jagdamba Cold Storage in whose name onion was stored, paid the rent in advance.

4.      District Forum dismissed the complaint because receipt (Annexure C-1) purported to have been issued by the Shankar Puri Cold Store was not genuine. 

5.      In appeal before this Commission, learned counsel for the complainant has urged that receipt, which was allegedly issued in the name of Amrik Singh-complainant, though was not signed by the owner or any of the employees of the Shankar Puri Cold Store but in fact it was issued by the Shankar Puri Cold Store and the alleged onion bags, which were sent by the Shankar Puri Cold Store to M/s Jagdamba Cold Storage was never received by him, which he was entitled to the loss occurred to him.

6.      On the other hand, learned counsel for the respondents assisted by Sh. Naresh Dhawan, owner of Shankar Puri Cold Store admitted that vide receipt (Annexure C-1) 250 bags were stored by M/s Jagdamba Cold Storage in the name of Amrik Singh.  Out of 250 bags, 177 bags were sent to M/s Jagdamba Cold Storage and the remaining 73 bags remained with Shankar Puri Cold Store.  Shankar Puri Cold Store did not charge rent of the 250 bags.  The market rate of the onion per bag of 50 Kg at the time when it was sent to M/s Jagdamba Cold Storage was Rs.400/- per bag.  Shankar Puri Cold Store is ready to settle the issue by paying the cost of 73 bags at the rate of Rs.400/- per bag after deducting the rent of 250 bags at the rate of Rs.100/- per bag. 

7.      From the statement of Shankar Puri Cold Store, it is not in dispute that 250 bags were stored by the complainant.  Vide receipts (Annexures R-10, R-11 and R-13) 36, 40, 57 and 44 bags out of lot number 34/134 and 34/81, were sent in Vehicles No.HR67-2044 and HR58L-3957 on September 14^th, 15^th and 18^th, 2009. By calculation, 177 bags out of 250 were sent to M/s Jagdamba Cold Storage. M/s Jagdamba Cold Storage received 177 bags and issued receipts (Annexures R-10, R-11 and R-13).  This piece of evidence cannot be brushed aside in arriving at a decision that out of 250 bags, 177 were sent by Shankar Puri Cold Store to Jagdamba Cold Storage.  To refute this evidence, complainant did not lead any evidence.  Shankar Puri Cold Store is ready to pay the price of the remaining 73 bags after deducting its rent. As per internet generated ‘Date Wise Prices for Specified Commodity on September, 2009’ (Annexure A-1), at the prevailing time, the rate of onion was ranging from 400-450 per bag of 50 Kg.  Taking the price of the onion at the rate of Rs.400/- per bag of 50 Kg in the year 2009 when the onion was stored, the price of 73 bags comes to Rs.29,200/- (73 x 400) and the rent of 250 bags was Rs.25,000/- (250 x 100). After deducting Rs.25,000/- from Rs.29,200/-, Rs.4200/- comes, which Shanker Puri Cold Store is liable to pay to Amrik Singh-complainant.  Accordingly, Shanker Puri Cold Store is directed to pay Rs.4200/- to Amrik Singh within a period of 30 days from the date of receipt of this order. 

8.         In view of above, the appeal is disposed of in the manner indicated above and the order under challenge is set aside.   

 

 

 

Announced 22.09.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President