Sahu Cold Storage and Anr., who were OPs before the District Forum, have filed the present Revision Petition.

          Respondent/complainant’s case is that he had kept 38579 kg of ginger in the petitioner cold storage but due to the negligence and carelessness of the petitioner, the entire stock of ginger got rotten.  It was averred that the petitioner had stored the ginger in the potato chamber, whereas they had to be kept in different chamber, as they require different humidity and temperature levels.  The samples of the damaged ginger were tested by various experts and it was reported that damage to the ginger had occurred because the same had been kept in low temperature and high humidity.  As the complainant was not compensated by the petitioner, he filed a complaint before the District Forum.

          On being noticed, petitioner filed his written statement.  District Forum, relying upon the affidavits filed by Kapil Dev Prasad and Ram Dev Mehto, who had also allegedly kept ginger in the petitioner cold storage and whose ginger had not been spoiled, came to the conclusion that there was no deficiency in service on the part of the petitioner and, accordingly, dismissed the complaint.

          Respondent/complainant, being aggrieved, filed an appeal before the State Commission, which has been dismissed by the impugned order.  State Commission has allowed the appeal and set aside the order passed by the District Forum.  State Commission directed the petitioner to pay a sum of Rs.3,37,154/- being the price of the stored ginger along with compensation of Rs.10,000/-.  The decretal amount was to be paid within three weeks from the date of production of the copy of the order, failing which the petitioner was made liable to pay interest at the rate of 12% from the date of order till realization.

          Petitioner, being aggrieved, has filed the present Revision Petition.

          There is no dispute that different humidity and temperature levels have to be maintained for storing the potatoes and ginger.  Petitioner has not produced the logbook, which is required to be kept statutorily to show as to at what temperature or humidity level the ginger or potatoes were kept in the cold storage.  Report of the experts also shows that the ginger got spoiled because the petitioner was not maintaining the required humidity and temperature level for storing the ginger.

          We agree with the view taken by the State Commission.  Finding recorded is a finding of fact, which cannot be interfered with in exercise of revisional jurisdiction.  Dismissed.

          While admitting the Revision Petition on 20.2.2006, we had directed the petitioner to deposit a sum of Rs.1,20,000/- with this Commission within two weeks.  Petitioner deposited the amount.  Respondent was permitted to withdraw the same on 11.7.2006 subject to his furnishing Bank Guarantee.  Counsel for the respondent states that the respondent could not withdraw the said amount as he was not in a position to furnish the Bank Guarantee. 

Registry is directed to pay Rs.1,20,000/- lying deposited with it along with accrued interest to the respondent in part satisfaction of the decree.  Petitioner is granted 6 weeks time to pay the remaining amount failing which the respondent would be at liberty to proceed under Section 25/27 of the Consumer Protection Act, 1986.