PAWAN SHEET GRAH PVT. LTD. THROUGH MANAGING DIRECTOR EKDIL, DISTRICT ETAWAH, UTTAR PRADESH Vs. VIRENDRA KUMAR ALIAS CHHOTE LAL JAIN & ORS.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 06-11-2007 passed by the learned State Consumer Disputes Redressal Commission, Uttar Pradesh (in short, the State Commission ), in First Appeal No. 2387 of 2007 Naveen Cold Storage Vs. Virendra Kumar alias Chhotey Lal Jain, by which while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that Complainant/Respondent No. 1 Sri Virendra Kumar Jain Alias Chotely Lal Jain had entrusted a consignment of 511 potato bags for preservation in Kesri Cold Storage and obtained the receipts of delivery. M/s Naveen Cold Storage, Itawa has now taken over the old firm of Kesri Cold Storage, Virari, Itawa. The complainant handed over two receipts to the Manager of the above mentioned Cold storage and on the basis of the said receipts two consignment of bags comprising 160 bags and 164 bags were sold by the Cold Storage to M/s Mohan Lal Nehchal Das of Jabalpur. The said firm remitted two drafts for Rs.39,765.00 and Rs.40,400.00 to the Cold Storage. In the invoices by virtue of which the two consignments were disposed of the name of the complainant Sri Chotely Lal Jain was shown to be as the owner of the potatoes. In spite of the receipts of total amount of Rs.80,1656.00 the complainant was not paid the price of the potatoes. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party no. 1 Kesri Cold Storage resisted complaint and submitted that goods were stored in cold storage for commercial purpose so District Forum has no jurisdiction to entertain the complaint and prayed for dismissal of complaint. Opposite party no. 2 Naveen Cold Storage did not file written statement. Learned District Forum after hearing both the parties allowed complaint and directed opposite parties to pay Rs.80,165/- along with Rs.500/- as cost of litigation. Appeal filed by Naveen Cold Storage was dismissed by learned State Commission vide impugned order, against which this revision petition has been filed.

(3.) Respondent No. 2A, 2B and 3 were proceeded ex-parte.