M/S. SARJU COLD STORAGE THROUGH, PARTNER MR. K.N. GUPTA, A Vs. VINAY MALPANI S/O LATE DEV NARAYAN MALPANI PROPRIETOR DEV TRADING 184, BAIRATHIYON KA CHOWK, DINANATH JI KI GALI, CHANDPOLE BAZAR, JAIPUR RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 27.07.2015 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission') in Appeal No. 1061/2014 - Vinay Malpani S/o Late Devnarayana Malpani Proprietor Dev Trading Company Vs. Sarju Cold Storage, by which, appeal was allowed.

(2.) Brief facts of the case are that Complainant/respondent proprietor of Dev Trading Company kept 100 bags of Dana methi and 122 kattas of Dana methi in OP/petitioner's cold storage on 27.5.2006. On 9.6.2006, fire broke out in the cold storage which damaged complainant's 100 bags of Dana Methi and 76 kattas of Dana Methi. It was further alleged that there was no requisite firefighting arrangement; no set back was left on the four sides of cold storage for use of fire brigade. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint, admitted depositing goods by complainant with OP. It was further pleaded that on account of fire, goods were destroyed in spite of efforts to save goods. It was denied that there were no adequate fire extinguishing equipments, but it was admitted that fire extinguishing equipments could not be used due to extensive spread of fire before use of equipments. It was further pleaded that as per terms and conditions of deposit receipt, OP was not liable for any loss caused due to fire as complainant was advised to get it insured at the time of depositing goods with OP, though, OP was responsible for keeping goods in safe condition. It was also pleaded that complainant does not fall within purview of consumer. Denying any deficiency on their part, prayed for dismissal of complaint. Learned District forum after hearing both the parties, dismissed complaint. Appeal filed by complainant was allowed by learned State Commission and OP was directed to pay amount of 100 bags and 76 kattas of Dana methi as shown in the bills along with 9% p.a. interest along with Rs.51,000.00 as compensation against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.