SARJU COLD STORAGE Vs. AMBIKA TRADERS

JUDGEMENT

(1.) THESE revision petitions involve similar question of law, hence decided by common order.

(2.) THESE Revision Petitions were filed by the petitioner against order dated 27.02.2013 passed by Rajasthan State Consumer Disputes Redressal Commission, Jaipur, Bench No. 1 (in short, 'the State Commission') - - - RP/2354/2013 in Appeal No. 620/2012 M/s Sarju Cold Storage Vs. M/s Ambika Traders; RP/2349/2013 in Appeal No. 273/2012 M/s Sarju Cold Storage vs. M/s Shri Anil Kumar, Amit Kumar Kirana Stockist; RP/2350/2013 in Appeal No. 274/2012 M/s Sarju Cold Storage vs. Shri Ganesh Oil and Flour Mills and Anr.; RP/2351/2013 in Appeal No. 275/2012 M/s Sarju Cold Storage vs. Kaila Devi Enterprises; RP/2352/2013 in Appeal No. 595/2012 M/s Sarju Cold Storage vs. M/s Mohan and Brothers; RP/2353/2013 in Appeal No. 613/2012 M/s Sarju Cold Storage Vs. M/s Bajranglal Shyam Sundar; RP/3550/2013 in Appeal No. 234/2012 M/s Shri Ganesh Oil and Flour Mills Vs. M/s Sarju Cold Storge and Anr.; RP/3551/2013 in Appeal No. 626/2012 M/s Bajrang Lal Shyam Sunder Vs. M/s Sarju Cold Storge and Anr.; RP/3552/2013 in Appeal No. 627/2012 M/s Mohan and Brothers Vs. M/s Sarju Cold Storge and Anr.; by which while dismissing appeals, order of District Forum allowing complaints was upheld.

(3.) COMPLAINANTS by filing separate complaints submitted that they put their bags of Kirana items in cold storage of opposite party for safety and preservation. They approached opposite party to take back delivery of goods. Opposite party informed that goods were destroyed in fire and did not return goods inspite of notice. Alleging deficiency on the part of opposite party Cold Storage, complainants filed complaints before District Forum. Opposite party resisted complaint and submitted that complainants kept goods in cold storage with commercial purpose. It was further submitted that fire in the cold storage was due to short circuit which is an act of God and opposite party cannot be held responsible and prayed for dismissal of complaint. Learned District forum, by separate orders, allowed complaints and directed opposite party to make payment along with interest. Appeals filed by the opposite party and some of the complainants for enhancement were dismissed by learned State Commission vide impugned orders against which these revision petitions have been filed along with application for condonation of delay.