KAMBOJ COLD STORE Vs. DEEN DAYAL

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 15.9.2011 passed by State Commission in First Appeal No. 87 of 2011 - Kamboj Cold Store v/s. Deen Dayal; by which appeal was dismissed.

(2.) Brief facts of the case are that complainant/respondent is agriculturist and he purchased potato seeds for sowing crop in his fields of 11 bigha and stored total 548 bags in cold storage of opposite party/petitioner. Potato seeds were to be lifted for sowing in the month of October, 2007. When complainant visited opposite party - cold storage, he found that all potato seeds were damaged badly. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that complaint is not maintainable as complainant is doing business of commission agency and he purchased potato seeds for commercial purpose. It was, further, submitted that complainant had already lifted 527 bags out of 548 bags. It was, further, submitted that storage charges were more than market rate of potato seeds so complainant intentionally did not lift remaining bags of potato seeds. Denying deficiency on the part of opposite party prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed opposite party to pay Rs. 2,52,436/ -. Appeal filed by opposite party was dismissed by Learned State Commission vide impugned order against which this revision petition has been filed alongwith application for condonation of delay.

(3.) Heard Learned Counsel for the parties and perused record.