RAJIV COLD STORAGE AND ANR. Vs. PARAMANAND DUBEY

JUDGEMENT

(1.) The respondent/complainant deposited 995 kgs. of potato seeds with the petitioner/opposite cold storage. Storage charges @ Rs. 53.60 per 80 kgs. were to be paid thereon by the respondent. On potato seeds not being returned the respondent filed complaint which was contested by the petitioner mainly on the ground that stored potato seeds were sold by the respondent to one Rajendra Prasad @ Rs. 150 per quintal on 8.9.1994 and half of the sale proceeds was paid on that date while remaining half was to be paid in Nov., 1994. Storage charges were to be paid out of this balance amount which was not paid. By the order dated 29.11.1997 the District Forum allowed the complaint with direction to the petitioner to pay amount of Rs. 4,500 being the value of potato seeds minus Rs. 666.65 being storage charges; pay interest @ 12% p.a. from 18.10.1994 and cost of Rs. 500. Dissatisfied with this order the petitioner filed appeal No. 731/97 which was dismissed by the order dated 13.9.2005 by the State Commission. It is this order which is being challenged by the petitioner.

(2.) Submission advanced by Mr. Uday Bhan Singh for petitioner is that the defence taken by the petitioner as also the affidavits of Rajendra Prasad and Ram Chander Prasad filed by way of evidence by the petitioner were not to be considered by the State Commission. Copy of this affidavit of Rajendra Prasad is at pages 13-14 while that of Ram Chandra Prasad at pages 17-18. Both these affidavits would show that 950 kgs. of potato seeds were sold by the respondent to Rajendra Prasad @ Rs. 150 per bag and half of the sale price was paid on 8.9.1994 and remaining half was to be paid later on after deducting storage charges. Petitioner seems to have not produced any writing from the respondent admitting the sale of 950 kgs. of potato seeds to Rajindra Prasad and allowing him to lift the same. It is not the case of petitioner that stored potato seeds were returned by it to the respondent. In this backdrop, no fault can be found with the order of State Commission affirming the order of District Forum ordering the petitioner to pay the aforesaid value of potato seeds after adjusting storage charges with interest. Revision petition deserves to be dismissed being devoid of any merits. Dismissed as such. Revision Petition dismissed.