Arvind Kumar vs MANISHA COLD STORAGE PVT. LTD.

THIS is an appeal against the judgment and order dated 15.7.1999 passed by District Consumer Forum, Ballia in Complaint Case No. 46/1998.

THE facts of the case stated in brief are that the complainant kept 180 bags of potatoes on 11.3.1997 and 20 bags of potatoes on 20.3.1997 in the cold storage of respondent. THE cold storage charges were Rs. 5/- per bag and the complainant paid a sun of Rs. 1,000/- and obtained a receipt for the same. The complainant was assured that the potatoes will be kept in good condition upto 15.11.1997 after which they will be returned to the complainant. When the complainant contacted the cold storage authorities, he was told that the potatoes have rotten. According to the complainant each bag contained 80 kilograms of potato and the cost of the entire potatoes was Rs. 16,000/-. The complainant is entitled to get this much amount along with 24% per annum interest on that amount and a sum of Rs. 4,000/- as cost of the bags as well as Rs. 2,500/- as cost of the complaint.

The opposite party in the written version has denied all the allegations of the complainant.

THE learned District Forum, after perusing the evidence on record which was filed by the parties, came to the conclusion that the potatoes were not kept in the cold storage of the opposite party. Hence it dismissed the complaint. Aggrieved against the order of the learned District Forum, the complainant has come in appeal and has challenged the correctness of the order passed Ly the Forum.

WE have heard the learned Counsel for the appellant. None was present on behalf of the respondent although notice was sent to the respondent of the date fixed. Learned Counsel for the appellant has argued that the complainant had kept 180 bags and 20 bags of potatoes on different dates in the cold storage of the opposite party and paid a sum of Rs. 1,000/- at the rate of Rs. 5/- per bag as cold storage charges. Now the burden is on the appellant/complainant to prove that he kept the potatoes in the cold storage. The complainant has filed an affidavit in support of his case which has been rebutted by the other side. When the complainant has kept the potatoes in the cold storage of the opposite party and obtained a receipt for the same, it should have been filed before the learned District Forum in order to prove that the potatoes were in fact kept in the cold storage of the opposite party. None of the receipts has been filed before the learned District Forum, a mention of which has been made by the learned District Forum in its judgment. Unless the receipts were filed by the complainant before the District Forum concerned, it cannot be said that the potatoes were kept by the complainant in the cold storage of the opposite party. The burden of proving the case was on the complainant which he has failed to discharge and the learned District Forum was perfectly justified in not believing the case of the complainant as he has failed to prove the storage of potatoes with the opposite party. Thus the appeal is liable to be dismissed. ORDER The appeal is dismissed and the judgment and order of the learned District Forum are confirmed. There will be no order as to the costs. Let copy as per rules be made available to the parties. Appeal dismissed.