HIMALAYA FOOD CO Vs. DHANPAT

JUDGEMENT

(1.) The present appeal, filed by the appellant, under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act) is directed against order dated 7.3.1997, passed by District Forum-II, Udyog Sadan, Institutional Area, Mehrauli, New Delhi Complaint Case No.55/94 entitled Shri Dhanpat and Ors. V/s. M/s. Himalaya Food Company.

(2.) The facts, relevant for the disposal of the above mentioned appeal, briefly stated, are that S/shri Dhanpat, Kiran and Balbir Singh, the respondents had a filed a joint complaint under Sec.12 of the Act against the appellant before the District Forum averring therein that they as farmers used to grow vegetables, predominantly, potatoes every year. In the complaint, filed by the respondent, it was stated that respondent No.3, Shri Balbir Singh was a cutlivator, on record in respect of Khasra Nos. (Pt.) 879, 880, 881, 882, 886 and 914 of village Madanpur Khadar, Tehsil Mehrauli, New Delhi, it was stated that respondent No.1 Shri Dhanpat and respondent No.2 Shri Kiran also worked for respondent No.3 Shri Balbir Singh. It was stated that in a portion of their fields, the above said farmers/cultivators used to grow potatoes for seed purposes also, the yield of which used to be stored in the cold storage for sowing the same in the next seasons.

(3.) It was stated that respondent No.3 Shri Balbir Singh and his persons had been utilising the services of the appellant for the last many years for storage of their potato seeds in the cold storage which was being run by the appellant. It was stated that the appellant had offered its services for the storage of various items on payment of fixed charges and was liable to maintain the standard of storage.