SANJIVANI COLD STORAGE & ICE FACTORY THROUGH ITS MANAGER, VILLAGE RANAU POST SHIKARPUR DISTRICT-BULANDSHAHAR UTTAR PRADESH Vs. SHRIPAL S/O SURAJ PAL

JUDGEMENT

(1.) Challenge in these Revision Petitions under Section 21 (b) of the Consumer Protection Act, 1986 (in short "the Act") is to the common order dated 23.05.2018 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission (in short "the State Commission") in First Appeal Nos. 1031, 1033, 1035, 1036 and 1037 of 2015. By the impugned order, the State Commission has concurred with the findings of the District Consumer Disputes Redressal Forum, Bulandshahar (in short "the District Forum"), and dismissed the Appeals preferred by Sanjivani Cold Storage & Ice Factory (hereinafter referred to as "the Cold Storage").

(2.) For the sake of convenience, Revision Petition No. 2680 of 2018 is being taken as the lead case.

(3.) The facts in brief are that the Complainant on 01.04.2018 deposited 80 bags of potatoes equivalent to 40 quintals with the Cold Storage. On 02.10.2013 and 03.10.2013 when the Complainant went to the Cold Storage for collecting his potato bags, he was informed that he can come to collect them after 4 or 5 days. On 07.10.2013, when the Complainant once again went to the Cold Storage he was informed that the potatoes were spoilt and have become rotten and that the cold Storage would purchase potatoes from the open market and return the same to the Complainant. On such a promise being made the Complainant repeatedly requested for return of his potato bags but there was no response. It is stated that on 24.10.2013, the personnel at the Cold Storage even misbehaved with the Complainant. Since the Complainant required the potatoes for the purposes of agriculture he purchased 46 bags from the open market for an amount of Rs.84,000/- and suffered financial loss. A legal notice was issued on 20.10.2013, for refund of the amount but there was no response. Hence, the Complainant approached the District Forum seeking a direction to the Cold Storage to pay an amount of Rs.84,000/- with costs of Rs.10,000/- and other reliefs towards compensation.