AVADH WOOD PRODUCTS vs DEENA NATH

THIS is an appeal against the judgment and order dated 10.3.1999 passed by District Consumer Forum, Bahraich in Complaint Case No. 133/1997. The complainant prayed for claim for price of the potatoes which the appellant failed to deliver back alongwith damage.

THE facts of the case stated in brief are that the complainant kept 296 bags of potatoes on 29.3.1996 and 175 bags of potatoes on 1.4.1996 weighing 322 quintals and 77 kgs. When the complainant went to take back the potatoes he found that the same was rotten and he took delivery of all the potatoes bags on 18.5.1999.196 bags of potatoes were not returned to the complainant. At the rate of Rs. 425/- per quintal the complainant is entitled to cost of potatoes of Rs. 1,37,227.25. Opposite party filed a written statement and has argued that on account of failure of electricity and non-availability of diesel in appropriate quantity the cold storage could not run properly. The learned District Forum, after considering the evidence on record came to the conclusion that the complainant is entitled to claim a sum of Rs. 1,37,227.25 as cost of the potatoes alongwith Rs. 500/- as cost. It also awarded Rs. 10,000/- as damages. If the entire amount was not paid within one month, then it was to carry interest at the rate of 18% per annum.

Aggrieved against the order the opposite party has come in appeal and has challenged the correctness of the order passed by the District Forum.

WE have heard the learned Counsel for the parties. The complainant in his complaint had given the details of potatoes which were kept in the cold storage and it was further mentioned that all the potatoes were rotten.

ACCORDING to the learned Counsel for the appellant due to non-supply of electricity regularly and paucity of diesel, the cold storage could not be properly run on account of which proper temperature was not maintained. Hence there was damage to the potatoes. Thus we find that the potatoes were damaged while they were in possession of the appellant. The appellant has tried to prove that the potatoes were returned to the complainant, but there is no evidence on record to show that the potatoes were handed over and received by the complainant. There is no document filed by the appellant before the learned District Forum to show that the complainant in token of having received the potatoes signed receipt. Thus in absence of any documentary evidence on record, the District Forum was perfectly justified in dis- believing and rejecting the contention of the respondent/appellant. The District Forum has not committed any error in doing so. A controversy was raised when the appeal was taken up for arguments at the stage of admission that the evidence of notice on affidavit was not taken. This contention was proved incorrect when copies of the affidavit were filed by the party before this Commission. These copies are of the same affidavit which was filed before the District Forum.

THUS we find that this appeal has no force and it deserves to be dismissed. ORDER The appeal is dismissed with cost of Rs. 1,000/-. The compliance of this order may be made within a period of two months from the date of this order. Let copy be made available as per rules to the parties. Appeal dismissed.