BRAJ KISHORE SINGH Vs. THAKUR PRASAD GUPTA

JUDGEMENT

(1.) PETITIONERS were the opposite parties. Respondent/complainant alleged that he had kept 8.5 quintals of potatoes in the cold storage of petitioner on 29.4.1997. On 30.3.1997 he had paid Rs. 100 as reservation fee to the petitioners. On 5.10.1997 the respondent visited the cold storage to take back the potatoes but he was shown rotten potatoes and was asked to collect them if he so desired. Alleging deficiency in service, the respondent thereafter filed complaint claiming amount of Rs. 8425. The petitioners did not file written version. By the order dated 28.2.1998 the District Forum allowed the complaint with direction to the petitioners to pay amount of Rs. 4,250 towards damages and cost to the respondent. Appeal filed against District Forum's order was dismissed by the State Commission by the order dated 1.2.2006. It is this order which is being challenged by the petitioner in this revision.

(2.) MAIN thrust of argument of Mr. Mritunjay Kumar Singh for petitioner, is that the District Forum decided the complaint in haste; Forum did not allow opportunity to the petitioners to defend the case and award passed was not based on evidence. From the copy of the order sheet of District Forum filed during the course of argument, it may be seen that on 13.11.1997, notice was ordered to be issued to the petitioners returnable on 22.12.1997. On that date though the respondent was present but nobody was present for petitioners and because of strike the case was postponed to 4.2.1998. On 4.2.1998 the case was postponed to 28.2.1998 to enable the petitioners to file written version. However, on that date neither any one was present on behalf of petitioners nor written version was found to have been filed by them. The District Forum under summary jurisdiction made the award in the manner noticed above against the petitioners. Sub-section (2)