NEW YAMUNA COLD STORAGE Vs. JAGDISH

JUDGEMENT

(1.) M/s. Yamuna Cold Storage appeals against the order of the District Forum Jagadhri allowing the respondent's complaint and awarding a compensation of Rs.3400/- along with costs of Rs.2000/-.

(2.) The case set up by the complainant-respondent was that in the month of March 1992, he had kept 59 bags of potato seed in the appellant Cold Storage vide lot No.283/59 on the 20th of March, 1992 and again another 8 bags on the 21st of March, 1992 vide lot No.286/8. It was averred that this potato seed was required for the sowing of a new crop and was purchased at the rate of Rs.200/- per bag for a sum of Rs.13,400/-.

(3.) In October, 1992 at the approach of the planting season, the complainant allegedly prepared his fields for sowing potato and on the 21st of October, he went to the appellant cold storage and got prepared a delivery challan No.1623 of even date. It was his case that when he went inside, he was surprised to find all the 67 bags having completely rotted and emitting foul smell etc. Consequently, he refused to take delivery and subsequently purchased potato seed at the rate of Rs.250/- per bag for his requirement and thereafter preferred the complaint seeking the value of the potato seed alongwith damages to the tune of Rs.50,000/-.