TAYYABHUSAIN Vs. DINESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 17.1.1994 passed by District Consumer Forum, Shahjahanpur in Complaint Case No.785/1993.

(2.) The facts of the case stated in brief are that the complainant placed 368 bags of potato in March, 1992 in the cold storage of opposite party, M/s. Dinesh Cold Store. The opposite party has not returned the potatoes even though the charges for the same were paid. It is further prayed that on account of the negligence the potatoes got rotten. The complainant has prayed for Rs.75,000/- as cost of the potatoes, Rs.6,000/- as costs of the packing material, Rs.5,000/- for mental agony and Rs.1,000/- as fee of the Counsel.

(3.) The opposite party in the written version alleged that no fee was charged from the complainant for keeping the potatoes in the cold storage and, therefore, the complainant is not a consumer. The complainant carries on wholesale business of potatoes and therefore, he is not a consumer. The potatoes placed by the complainant in the cold storage were taken back on 9.6.1992, 11.6.1992, 14.6.1992 and 17.6.1992, details of which are given in paragraph 15 of the written statement. The rate of potatoes was Rs.50/- to Rs.100/- per bag on 21.11.1992 and the complainant cannot claim compensation at a higher rate. In March, 1992 the complainant had placed the potatoes in the cold storage of the opposite party. The complainant was advanced Rs.20,000/- which the complainant is liable to return to the opposite party with interest. The sum has not been returned in spite of several demands.