Haryana

StateCommission

A/279/2016

JOGINDER SINGH(SINCE DECEASES) - 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.                   279 of 2016

                                                Date of Institution:       04.04.2016

                                                Date of Decision:         22.09.2016

 

Joginder Singh, Ex. Sarpanch, son of Sardar Amar Singh, resident of Village Shadipur Ladwa, Tehsil Thanesar, District Thanesar, District Kurukshetra, now deceased through LRs:-

1.      Hardeep Singh son of Joginder Singh

2.      Amrik Singh son of Joginder Singh

 

Both residents of Village 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 Joginder Singh-complainant that on May 28^th, 2009, he stored 300 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 50/75, 50/33 and 50/192.  The storage rent per bag was Rs.100/-.  He visited the Shankar Puri Cold Store in the first week of September, 2009 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 Shankar Puri Cold Store to pay him the amount of Rs.1,50,000/-, 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 300 bags, 229 bags were sent to M/s Jagadamba Cold Storage vide Annexures R-8, R-10, R-11 and R-12. 

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 Joginder 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 for which he was entitled to the loss suffered by 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) 300 bags were stored by M/s Jagdamba Cold Storage in the name of Joginder Singh.  Out of 300 bags, 229 bags were sent to M/s Jagdamba Cold Storage and the remaining 71 bags remained with Shankar Puri Cold Store.  Shankar Puri Cold Store did not charge rent of the 300 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. 

7.      From the statement of Shankar Puri Cold Store, it is not in dispute that 300 bags were stored by the complainant.  Vide receipts (Annexures R-8, R-10, R-11 and R-12) 80, 75, 33 and 41 bags out of lot number 50/192, 50/75, 50/33 and 50/192 were sent in Vehicles No.HR64-3122 and HR67-2044 on September 08^th, 14^th, 17^th and 18^th, 2009. By calculation, 229 bags out of 300 were sent to M/s Jagdamba Cold Storage. M/s Jagdamba Cold Storage received 229 bags and issued receipts (Annexures R-8, R-10, R-11 and R-12).  This piece of evidence cannot be brushed aside in arriving at a decision that out of 300 bags, 229 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 71 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 71 bags comes to Rs.28,400/- (71 x 400) and the rent of 300 bags was Rs.30,000/- (300 x 100). After deducting Rs.28,400/- from Rs.30,000/-, the balance amount is Rs.1600/-, which is outstanding towards Joginder Singh-complainant.  Since Shanker Puri Cold Store did not file any complaint against Joginder Singh-complainant, so, the complainant cannot be directed to pay the balance amount of Rs.1600/- to Shanker Puri Cold Store.

8.         In view of above, the appeal is dismissed.   

 

 

 

Announced 22.09.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President