BHAGIRATH COLD STORAGE SHAJAPUR Vs. HARINARAYAN & ORS.

JUDGEMENT

(1.) Challenge in these Revision Petitions, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), is to order dated 16.10.2015 in Appeal Nos. 1486, 1488-1491, 1493-1495, 1497-1509 & 1511-1512 of 2014 passed by the State Consumer Disputes Redressal Commission, M.P. (for short "the State Commission"). By its impugned order, the State Commission dismissed the Appeals preferred by the Opposite Party by way of a common order, on the ground that they were barred by limitation.

(2.) As these Revision Petitions deal with common facts and common cause of action, they are being disposed of by a common order. Revision Petition No. 1687 of 2016 has been taken as a lead case.

(3.) The brief facts as set out in the Complaint are that the Complainant had kept 29 bags of potato seeds on 7.3.2011 and 52 bags on 10.3.2011 in the cold storage of the Opposite Party to totalling to 81 bags for safe custody. It is averred that each bag had 60 kgs. Of potatoes and on 20.10.2011, when the Complainant had approached the Opposite Party all the potatoes were found rotten with water and sprouts coming out of them. The Complainant got issued a legal notice to the Opposite Party seeking damages for the rotten potatoes. Hence, the Complaint before the District Forum seeking direction to the Opposite Party for payment of Rs. 1400/- per bag together with compensation and costs.