DINESH COLD STORAGE Vs. PHOOL CHAND

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 17.3.1993 passed by District Consumer Forum, Shahajahanpur, in Complaint Case No.518 of 1992.

(2.) The facts of the case in brief are that the complainant/respondent deposited six bags of potatoes on 21.3.1992 and 7 bags of potatoes on 17.3.1992 in the cold storage of appellant against receipt. On 20.10.1992 the complainant demanded his potatoes back but the opposite party/appellant refused to return his potatoes. Hence the complainant has claimed Rs.7,915/- as the price of potatoes before the District Consumer Forum, Shahajahanpur.

(3.) The opposite party/appellant did not appear before the District Forum inspite of notice and the case was decided ex parte. The District Forum decided the cost of one kg. of potato assuming the market rate in the month of October and November as Rs.1.50 per kg. which amounts to Rs.1,600/- and ordered the opposite party to pay Rs.1,600/- within one month to the complainant/respondent, failing which complainant would be entitled to get 18% per annum interest thereon from the date of order till the date of payment.