ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No.1034 of 2015

Manager, Sanjeevani Cold Storage & Ice Factory.

Vill., Ranau, Post, Shikarpur, District Bulandshahr.

                                                                              ...Appellant.

Versus

Sonu Saini s/o Shir Bhavani Saini,

R/o Mohalla Muftiwada, Near Saraswati

Cold Storage, Post, Shikarpur, District,

Bulandshahr.                                                    …Respondent.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Sri Vikas Saxena, Member.

Sri S.K. Verma, Advocate for appellant.

Sri Nand Kumar, Advocate for the respondent.

Date 1.2.2023

JUDGMENT

Per Sri Sushil Kumar,  Member- This appeal has been filed against the judgment and order dated 5.5.2015 passed by the ld. District Forum, Bulandshahr in complaint case no.194 of 2013, Sone Saini vs. Manager, Sanjeevani Cold Storage & Ice Factory,  whereby the ld. District Forum  directed the appellant Cold Storage to pay Rs.1,43,200.00 the value of the damages caused by the appellant Cold Storage.

Ld. counsel for the appellant argued that the complainant is not entitled for any compensation since he put the defective potatoes in the cold storage of the appellant. He deposited the potatoes in the cold storage at his own risk. The appellant is not responsible for any damages.

This fact is not denied by the appellant that the complainant deposited the potatoes in its cold storage. As per the allegation of the complaint, 226 packets of potatoes were deposited by the complainant, the amount of these potatoes is told Rs.1,43,200.00 which was damages due to negligence committed by the appellant cold storage.

Argument submitted by the ld. counsel for the appellant that the potatoes were deposited by the complainant at his own risk is not according to the provisions of law. Ever

(2)

person who puts the potatoes in the cold storage intends to receive the potatoes back in perfect condition. The obligation lies on the cold storage to protect the potatoes deposited by the farmers in its cold storage. Therefore, the judgment and order passed by the ld. District Forum requires no interference. The appeal deserves to be dismissed. 

ORDER

          Appeal is dismissed.

          The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.       

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Judgment dated/typed signed by us and pronounced in the open court.

Consign to record.

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Jafr, PA I

Court 2