Haryana

StateCommission

A/1080/2015

SULTAN 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.                   1080 of 2015

                                                Date of Institution:       17.12.2015

                                                Date of Decision:         22.09.2016

 

 

Sultan Singh son of Sh. Satpal Singh, resident of 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 15th, 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 Sultan Singh-complainant that on May 24th, 2009, he stored 178 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 41/58, 41/96 and 41/24.  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 Shankar Puri Cold Store.  He issued notice (Annexure C-2) to the Shankar Puri Cold Store to pay him the amount of Rs.89000/-, 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 Shankar Puri Cold Store averring that the bags were stored by M/s Jagdamba Cold Storage, Ladwa (for short, ‘Jagdamba Cold Storage’) through Dev Raj Dhawan and complainant never visited the Shanker Puri Cold Store even once.  It was also pleaded that out of 178 bags, 82 bags were sent to Jagadamba Cold Storage vide Annexures R-1 to R-4.

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 Sultan 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 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) 178 bags were stored by Jagdamba Cold Storage in the name of Sultan Singh.  Out of 178 bags, 82 bags were sent to Jagdamba Cold Storage and the remaining 96 bags remained with Shankar Puri Cold Store.  Shankar Puri Cold Store did not charge rent of the 178 bags.  The market rate of the onion per bag of 50 Kg at the time when it was sent to Jagdamba Cold Storage was Rs.400/- per bag.  Shankar Puri Cold Store is ready to settle the issue by paying the cost of 96 bags at the rate of Rs.400/- per bag after deducting the rent of 178 bags at the rate of Rs.100/- per bag. 

7.      From the statement of Shankar Puri Cold Store, it is not in dispute that 178 bags were stored by the complainant.  Vide receipts (Annexures R-5, R-6 & R-9) 36, 24, 4 and 18 bags out of lot number 41/58, 41/96 and 41/24 were sent in Vehicle No.HR64-3122 on September 05th, 06th and 07th, 2009. By calculation, 82 bags out of 178 were sent to Jagdamba Cold Storage. Jagdamba Cold Storage received 82 bags and issued receipts (Annexure R1 to R-4).  This piece of evidence cannot be brushed aside in arriving at a decision that out of 178 bags, 82 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 96 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, the price of 96 bags comes to Rs.38400/- (96 x 400) and the rent of 178 bags was Rs.17,800/- (178 x 100). After deducting Rs.17,800/- from Rs.38,400/-, the balance amount is Rs.20,600/-, which Shanker Puri Cold Store has agreed to pay to Sultan Singh-complainant.  In view of this, Shanker Puri Cold Store is directed to pay Rs.20,600/- to Sultan 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

 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.