FIDA COLD STORAGE AND ICE FACTORY PRIVATE LIMITED vs RAM LAL

THIS is an appeal against the judgment and order dated 22.9.1999 passed by District Forum, Rampur in Complaint Case No. 228/1997.

THE facts of the case stated in brief are that the complainant filed the present complaint for recovery of Rs. 32,250/- as cost of the potatoes and Rs. 250/- as expenses incurred for hiring truck alongwith 18% per annum interest. According to the complainant, he in April, 1997 kept with the opposite party 61 bags of potatoes for which he paid a sum of Rs. 3,000/- as advance rent. This amount of Rs. 3,000/- as advance was given on 11.4.1997 and the potatoes were kept in the cold storage on 1.5.1997. Copies of both the receipts have been filed by the party. According to the complainant 90 kgs. of potatoes comes in a bag, thus the total weight comes to 54.90 quintals. When the potatoes were kept in the cold storage, it was in a good condition and was sold at the rate of Rs. 500/- per quintal. The cost of the entire potatoes was Rs. 27,450/- and the cost of 61 potato bags was Rs. 21,525/- (@ Rs. 25/- per bag). In this way the total cost of the potatoes alongwith bags was Rs. 28,975/-

When the complainant went to take out the potatoes from the cold storage on 10.9.1997 he was told by the opposite party that the potatoes have been destroyed and they were kept outside the cold storage. He was also told that the cold storage machinery had developed certain defects on account of which the potatoes got damaged. According to the complainant no information was given to him of keeping the potatoes outside cold storage.

THE opposite party contested the case and admitted receipt of 61 bags of potatoes and advance of Rs. 3,000/- as rent. It is alleged that when the potatoes were kept in the cold storage they were not in a good condition. THE potatoes are kept in the months of February and March normally. When the potatoes are brought for keeping in the cold storage in the month of April or May, then they are affected by the heat of the atmosphere which affects the quality of the potatoes and the potatoes start deteriorating. It is alleged that in the year 1997 the cost of the potatoes was between Rs. 40/- to Rs. 50/- per quintal. THE cost of the bags of potatoes have been highly inflated by the complainant. THE cost of the bags was not more than Rs. 10/- per bag. It is also alleged that the opposite party informed the complainant about the deterioration in the quality of the potatoes and for taking the same back. It is further alleged that in 1997 there was a bumper crop of potatoes on account of which the crop was damaged even in the field. Learned District Forum, after considering the evidence on record, decreed the claim of the complainant for a sum of Rs. 12,165/-.

AGGRIEVED against the order of the learned District Forum, the opposite party has come in appeal and has challenged the correctness of the order passed by the Forum. We have heard the learned Counsel for the parties. It is a known fact that in the year 1997 there was a glut in the market on account of the excessive production of potatoes. A lot of potatoes was damaged in the year 1997 as it could not be sold. The market was full of potatoes and the cold storage was also not able to accommodate all the potatoes. The price of the potatoes in that year also had a very low figure. We have to consider the case of the parties in this background. According to the complainant cost of the potatoes was Rs. 500/- per quintal while according to the appellant it was only Rs. 40/- to Rs. 50/- per quintal. We had occasion to deal with a number of such cases in the year 1997 and we consistently held that the price of the potatoes in that year on account of bumper crop was Rs. 100/- per quintal. Moreover in the present case the potatoes were kept in the cold storage on 1st of May, 1997. It is a known fact that in the first week of May it is quite hot and the potatoes are generally kept in the cold storage by the end of March or latest by 15th of April. If the potatoes are kept in the cold storage in May, then their quality is affected due to the hot weather and the potatoes start sprouting. If the potatoes get damaged on account of heat, it cannot be kept for a long time even in the cold storage. In the receipt itself it was indicated by the appellant to the complainant that the quality of potatoes is not good because it has been affected by heat. Naturally if the potatoes get deteriorated on account of certain factors it cannot be preserved for long. Thus in view of the above facts, the cost of the potatoes which were kept in the cold storage was Rs. 5,490/- (Re. 1/- per kg. for 54.90 quintals).

ACCORDING to the complainant the bags in which the potatoes were kept also got damages. The cost, according to the complainant, per bag is Rs. 25/- while according to the appellant it is only Rs. 10/- per bag. None of the parties have filed any receipt in order to show the actual price of the bag. In our opinion, in view of above facts, the cost of the bag could not have been more than Rs. 10/- per bag. Therefore, the cost of 61 bags comes to Rs. 610/-.

IT has also been argued by the learned Counsel for the appellant that information was sent to the complainant to take back the potatoes as they have started deteriorating in quality. There is no satisfactory proof about this. According to the appellant, the information was sent on 15.7.1997 under certificate of posting. The certificate of posting only means that a letter has been sent, but there is no presumption that this letter was ever delivered to the addressee. IT has also been argued that for general information a notice was printed in the newspaper. Therefore, we are not inclined to place any reliance on this contention of the appellant that the information about deterioration of the quality of the potatoes was sent to the complainant. Thus we find that the complainant is entitled to a sum of Rs. 6,100/- (Rs. 5,490/- as cost of the potatoes and Rs. 610/- as cost of the bags). The appeal is liable to be allowed in part. Order The appeal is partly allowed and the complainant''s claim is decreed for a sum of Rs. 6,100/-. The judgment and order of the learned District Forum shall stand modified accordingly. The parties shall bear their own cost of appeal. Let compliance of this order be made within a period of six weeks from the date of this order. Let copy as per rules be made available to the parties. Appeal partly allowed.