KAMBOJ COLD STORE Vs. SUKHDEV SINGH

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. 184 of 2011- Kamboj Cold Store VS. Sukhdev Singh; 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 and stored total 461 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 storage charges were more than market rate of potato seeds so complainant intentionally did not lift bags of potato seeds but in later para, it was submitted that complainant lifted potato bags with promise that he will pay the rent of storage in few days but did not pay the same. 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. 2,12,677/-. 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 petitioner and perused record.