SANJAY KUMAR Vs. VINOD KUMAR YADAV

JUDGEMENT

(1.) -PETITIONER was the opposite party before the District Forum, where the respondent/complainant had filed a complaint alleging deficiency in service on the part of the petitioner.

(2.) UNDISPUTED facts of the case are that the respondent/complainant had deposited 407. 07 quintal of potato with the Laxmi Cold Storage (P.) Ltd. , Sohsarai for which receipt was issued. The cold storage charges were also paid by cheque, by the respondent/complainant. It was some time in November 2003 that the petitioner came to know that the potatoes stored by him have germinated and large quantity of potatoes has rotten which he saw himself as well. It was the case of the complainant that this was on account of storing excess quantity of potatoes than the capacity of the cold storage, and poor maintenance of the cold storage. When the complainant demanded compensation and the petitioner was not forthcoming in this regard and when the matter was not getting settled, a complaint was filed before the District Forum, who by a majority judgment returned the complaint for filing it before a competent Fora. Aggrieved by this order, an appeal was filed before the State Commission, who after hearing the parties and relying upon the material on record allowed the complaint and directed the petitioner to pay an amount of Rs. 2,03,500 being the cost of the 407 quintals of potatoes @ Rs. 500 per quintal minus Rs. 10,000 as carrying charges and rent due to the petitioner. Aggrieved by this order, the petitioner has filed this revision petition before us.

(3.) WE heard the learned Counsel for the petitioner and the complainant/respondent in person. The basic facts are not in dispute that 407 quintals of potatoes were stored and when the petitioner went to see these stored material it was found to be germinated. The plea of the petitioner before the State Commission was not accepted by the State Commission that any notice was given to the respondent/complainant to retrieve the stock.