CHANDEL COLD STORAGE,BARABANKI THRU PARTNER DUSHYANT SIN Vs. STATE CONSUMER.DISPUTES REDRESSAL COMMISSION,U P & ORS

JUDGEMENT

(1.) Heard learned counsel for the petitioner Sri Himanshu Suryavanshi, learned Standing Counsel for the State-respondent and Sri Sanjay Kumar Verma for respondent no.3.

(2.) It is the case of the petitioner that the petitioner runs a Cold Storage and the licence has been granted by the Horticulture Department under Section 6 of the U.P. Regulation of Cold Storages Act, 1976 (for short 'the Act of 1976'). The Act of 1976 is a complete Code for licencing, supervision and control of Cold Storages in the State of U.P.

(3.) Under Sections 12 to 20 of the Act of 1976, the rights and duties of a licencee like the petitioner have been enumerated. The licencee has to take care of the goods stored in Cold Storage in a reasonable and prudent manner. In case of deterioration of goods or possibility of such deterioration of goods stored by the hirer, steps are to be taken for intimation to the hirer and thereafter Sections 24 and 25 of the Act of 1976 provide for compensation for loss and destruction of goods stored in the Cold Storage and give a right to the hirer to file a complaint before the licencing officer. Section 36 provides for an appeal to the Tribunal against the order passed by the licencing officer, including an order passed under Section 25 of the Act of 1976.