DAUJI Vs. SHIMLA COLD STORAGE PVT LTD

JUDGEMENT

(1.) Appeal No.810/sc/2002 and Appeal No.1036/sc/2002 arise out of the judgment and order dated 20.3.2002 passed by District Consumer Forum, Bulandshahr in Complaint Case No.106/1995. In Appeal No.810/sc/2002 the appellant has challenged the order on the ground that contrary to the evidence furnished by the complainant in the shape of affidavit of Sri L. S. Sharma, receipt filed by Shri L. S. Sharma, writing of Manager of opposite party No.1 and letter of Manager of opposite party No.1 dated 25.10.1994 assessing the loss at the rate of Rs.300/- per quintal after deduction of Rs.30/- per quintal towards cold storage rent, whereas it should have been at the rate of Rs.340/- per 80 kg. potatoes after deducting Rs.30/- per bag towards rent.

(2.) The documents furnished by the appellant do not support the case of the complainant. Twenty bags of potatoes were kept in the cold storage in the month of March, 1994 whereas the assessment made by the District Forum was at the rate applicable in the month of November which is not acceptable. The case of the appellant in Appeal No.1036/sc/2002 that 20 bags of potatoes were taken away by the complainant is not supported by any documentary evidence. The affidavit of Sri Mahesh Chandra in this connection having a photocopy of the gate pass cannot be accepted. The cold storage in question has also not furnished any document showing the rate of potatoes. The compensation assessing the loss at the rate of Rs.270/- per quital is arbitrary. In the month of March ordinarily the price of the potatoes will be chapter than the potatoes being sold in November. In our view Rs.200/- per quintal, should have been the price assessed by the District Forum and the management of M/s. Shimla Cold Storage Pvt. Ltd. is entitled for Rs.30/- per quintal towards storage rent out of the aforesaid sum of Rs.200/- per quintal. The contrary order is liable to be modified.

(3.) The award of 10% interest is also unjustified. It should have been 6% per annum. The conditional order of payment of 12% in default of payment of ordered compensation within 45 days is justified. Cost of Rs.500/- is also justified. Consequently Appeal No.810/sc/2002 is liable to be dismissed and Appeal No.1036/sc/2002 is liable to be partly allowed. ORDER appeal No.810/sc/2002 is dismissed and Appeal No.1036/sc/2002 is modified to the extent that the rate of compensation shall be Rs.200/- per quintal minus Rs.30/- per quintal towards storage charges and the rate of interest shall stand reduced to 6% per annum. The rest portion of the judgment and order shall be sustained. Let original judgment and order be kept in the records of Appeal No.810/sc/2002 and a certified copy thereof be kept in the records of Appeal No.1036/sc/2002 which shall also be governed by this judgment and order. In the circumstances of the case there will be no order as to the costs. Ordered accordingly.