KANWAL COLD STORE Vs. VIJAY KUMAR

JUDGEMENT

(1.) The issue to be decided in this case is whether the proprietor of the cold storage is liable to make good the loss due to damage caused to potatoes stored in the cold storage, as result of collapse of the walls of the cold storage. The simple answer is: Yes. Case of the complainant:

(2.) The complainant had stored 698 bags of potatoes from 21.3.1997 to 23.3.1997 weighing 80 kgs each at Kanwal Cold Store, Sant Nagar, Gurdaspur with a view to meet the requirement of the army on demand, on such occasions when the prices of potatoes shoot up due to scarcity of the commodity in the market. The complainant received notice dated 19.5.1995 on 24.5.1997 sent by the proprietor of the cold storage through his Counsel to remove the potatoes stored in his cold storage on the plea that the walls of his cold storage developed cracks and require extensive repairs. The complainant went to the cold storage on 25.5.1997 for removal of his potato bags with his personal truck and found that utter confusion was prevailing due to collapsing of the walls of cold storage which took place 15 days before his visit. The potato bags were damaged due to this fall and they were not fit for human consumption and not conforming to the specifications for supply to the army. Complainant had stated that he had purchased 698 bags of potatoes from New Guru Nanak Fruit Company, Moga on 20.3.1997 and 21.3.1997 and spent Rs. 1,57,050 plus transportation, loading and unloading charges which works out of Rs. 225 per bag. The complainant has filed the complaint before the District Forum with the prayer that the proprietor of the Cold Storage may be ordered to pay Rs. 1,57,050 along with 18% interest and special compensation for mental agony. Case of the opposite party (M/s. Kanwal Cold Store):

(3.) The complainant has not paid any consideration for storing potatoes, hence he is not a consumer. Even if any compensation has to be paid it should be granted after deducting Rs. 75 per bag of 80 kgs. each, as rent. The complainant has further stated that the price of potatoes slashed down Rs. 30 to Rs. 40 per bag of 80 kgs. The opposite party filed many affidavits from different farmers who had stored potato seeds in the same cold storage stating that their potato seeds were not damaged and they had lifted the same on receipt of notice from the proprietor of the cold storage. Orders of the District Forum and State Commission: