PADMA HIMGHAR PVT LTD Vs. GHANASHYAM SAHA

JUDGEMENT

(1.) THE present Appeal has been preferred against the judgement and order dtx. 13.4.10 passed by Malda District Consumer Disputes Redressal Forum in Malda D.F. Original Case No. 16/2009 wherein the Ld. District Forum below allowed the complaint on contest in part against the Appellant/OP with a direction to pay an award of Rs. 1,60,000/ - as detailed in the body of the judgement.

(2.) THE Respondent/Complainant s case before the Ld. District Forum, in brief, was that the complainant kept 300 bags of potato in the cold storage of the OP on individual bond, but upon complainant s demand for delivery, the OP initially took the plea of non -traceability of the articles and subsequently repudiated the demand on false pretext and hence, the petition of complaint for compensation, harassment and litigation cost.

(3.) THE OP/Appellant contested the case by filing written version thereby denying all the material averments of the petition of complaint was not maintainable as complaint had no locus standi to file the same. The complainant was not a Consumer. There was no deficiency of service at the instance of the OP and the petition of complaint was liable to be dismissed.