SARJU COLD STORAGE Vs. RAMESHWAR DAYAL GOYAL

JUDGEMENT

(1.) Both these revision petitions arise out of single order of State Commission; hence, decided by common order.

(2.) Revision Petition No. 202 of 2016, M/s. Sarju Cold Storage v. M/s. Rameshwar Dayal Goyal has been filed by OP and Revision Petition No. 2761 of 2016, Rameshwar Dayal Goyal v. M/s. Sarju Cold Storage, has been filed by Complainant against the order dated 15.10.2015 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission') in Appeal No. 645/2012, Rameshwar Dayal Goyal v. M/s. Sarju Cold Storage, by which, appeal was allowed.

(3.) Brief facts of the case are that complainant owner of M/s. Kedarnath Rameshwar Dayal Firm kept 31 Kattas of Kalimirch in OP's cold storage vide receipt No. 340 He came to know by newspaper that cold storage was damaged due to fire. Then, complainant contacted OP for payment of value of goods, but that was not paid. 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, 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. 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 e complainant was allowed by learned State Commission and OP was directed to pay amount of 31 Kattas of Kalimirch as shown in the bills along with 9% p.a. interest along with Rs. 20,000 as compensation against which, these revision petitions have been filed.