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Brijesh Kumar Maurya v/s M/s Kausambi Cold Storage Pvt. Ltd.


Company & Directors' Information:- R J COLD STORAGE PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049659

Company & Directors' Information:- S. D. COLD STORAGE PRIVATE LIMITED [Active] CIN = U15132UP1995PTC018791

Company & Directors' Information:- D G COLD STORAGE PRIVATE LIMITED [Active] CIN = U45209WB2001PTC092809

Company & Directors' Information:- N P S COLD STORAGE PRIVATE LIMITED [Active] CIN = U15549WB1997PTC085229

Company & Directors' Information:- G M COLD STORAGE PVT LTD [Active] CIN = U63022WB1986PTC041010

Company & Directors' Information:- G C G COLD STORAGE PRIVATE LIMITED [Active] CIN = U01400MH2012PTC235712

Company & Directors' Information:- L P COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1997PTC021864

Company & Directors' Information:- P D COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900UP2010PTC039698

Company & Directors' Information:- N R S COLD STORAGE PVT LTD [Active] CIN = U63022WB1978PTC031524

Company & Directors' Information:- S M COLD STORAGE PVT LTD [Active] CIN = U63022WB1986PTC040843

Company & Directors' Information:- A TO Z COLD STORAGE PRIVATE LIMITED [Active] CIN = U15122UP2010PTC040956

Company & Directors' Information:- A-1 COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900TG2015PTC100777

Company & Directors' Information:- D N COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1989PTC010708

Company & Directors' Information:- P S COLD STORAGE PRIVATE LIMITED [Active] CIN = U15139UP2001PTC026373

Company & Directors' Information:- N L COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022ML2001PTC006536

Company & Directors' Information:- K H I COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022DL1999PTC100373

Company & Directors' Information:- K J COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1996PTC018274

Company & Directors' Information:- V K COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022RJ1998PTC014964

Company & Directors' Information:- R M COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1999PTC024532

Company & Directors' Information:- S L P COLD STORAGE PRIVATE LIMITED [Converted to LLP] CIN = U00063KA1997PTC022544

Company & Directors' Information:- M D COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP2001PTC025987

Company & Directors' Information:- S N COLD STORAGE PVT LTD [Active] CIN = U15132WB1977PTC031040

Company & Directors' Information:- A K COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1999PTC024374

Company & Directors' Information:- G. T. COLD STORAGE PRIVATE LIMITED [Active] CIN = U70101UP1999PTC024239

Company & Directors' Information:- G D COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022WB1997PTC084601

Company & Directors' Information:- J S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1997PTC020250

Company & Directors' Information:- B C COLD STORAGE PRIVATE LIMITED [Active] CIN = U45302PB1997PTC019355

Company & Directors' Information:- G S P COLD STORAGE PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069618

Company & Directors' Information:- R R COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022TZ1995PTC006478

Company & Directors' Information:- H J COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022WB1999PTC089452

Company & Directors' Information:- B K COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1997PTC020070

Company & Directors' Information:- J T S COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900UP2011PTC044733

Company & Directors' Information:- COLD STORAGE CORPORATION OF INDIA LIMITED [Active] CIN = U25193UP1946PLC001472

Company & Directors' Information:- M K R S S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63090WB2020PTC241530

Company & Directors' Information:- R G P COLD STORAGE PRIVATE LIMITED [Active] CIN = U74999KA2006PTC039844

Company & Directors' Information:- J P G A COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB2005PTC028831

Company & Directors' Information:- R B COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022BR1979PTC001418

Company & Directors' Information:- N J COLD STORAGE PRIVATE LIMITED [Active] CIN = U63020DL2010PTC207001

Company & Directors' Information:- G M COLD STORAGE PVT LTD [Strike Off] CIN = U63022OR1985PTC001574

Company & Directors' Information:- S V S COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U74999AP1999PTC033134

Company & Directors' Information:- R V COLD STORAGE PVT LTD [Strike Off] CIN = U15133UP1988PTC010122

Company & Directors' Information:- V L S COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63010TG2011PTC072072

Company & Directors' Information:- M Y COLD STORAGE PRIVATE LIMITED [Active] CIN = U15122UP2012PTC053516

Company & Directors' Information:- MAURYA COLD STORAGE COMPANY PRIVATE LIMITED [Strike Off] CIN = U63022UP1965PTC003084

Company & Directors' Information:- K T COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022NL2001PTC006616

Company & Directors' Information:- M M COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63090TG2013PTC090068

Company & Directors' Information:- H. R. COLD STORAGE PRIVATE LIMITED [Active] CIN = U63030GJ2016PTC092718

Company & Directors' Information:- COLD STORAGE (INDIA) LTD. [Dissolved] CIN = U99999MH1922PTC000998

Company & Directors' Information:- INDIA COLD STORAGE CO. LTD. [Not available for efiling] CIN = U99999MH1948PLC006673

    REVISION PETITION NO. 4531 OF 2009

    Decided On, 14 July 2011

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.B. GUPTA
    By, PRESIDING MEMBER & THE HONOURABLE MR. SURESH CHANDRA
    By, MEMBER

    For the Petitioner : Arvind Kumar Tiwary, Advocate. For the Respondent : ----------



Judgment Text

SURESH CHANDRA, MEMBER

This revision petition has been filed by the complainant against the dismissal of his complaint by the District Forum initially and later in appeal by the State Commission. The impugned order dismissing the appeal of the petitioner was passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (‘State Commission’ for short) on 11.8.2009.

2. Briefly stated, it is the case of the petitioner that on 29.3.2006 he stored 130 bags of potatoes in the respondent’s cold storage. On 3.8.2006 when the petitioner received 10 bags of potatoes from the lot of potatoes stored by him with the respondent by paying necessary service charges, it was found that big size of buds had come out from the potatoes. The nephew of the petitioner, therefore, brought it to the notice of the representatives of the respondent whereupon he was told by those representatives to take back the materials since it cannot be restored. He was further told that later on some solution will be provided by the Managing Director of the cold storage. Similarly, on 10.08.2006 also when the petitioner went to the cold storage of the respondent and searched the potatoes, it was found that buds were coming out from the potatoes stored in the cold storage and the potatoes were seen to have become black and loose. In this way, it is the grievance of the petitioner that whole potatoes got destroyed due to negligence, carelessness and improper handling by the respondent OP. When the complaints made to the Managing Director of the OP did not meet with any success and the OP refused to compensate for the damage to the potatoes belonging to the complainant, the complainant lodged his complaint with the District Forum. On appraisal of the issues and the evidence adduced, the District Forum did not find any merit in the claim put forth by the complainant and hence the complaint was dismissed. Aggrieved by the order of the District Forum, the complainant challenged the same by filing an appeal against it before the State Commission. The State Commission also dismissed the appeal both on the grounds of limitation as well as on merits.

3. In its impugned order, the State Commission while upholding the finding of the District Forum, has observed that the District Horticulture Officer had examined the goods stored in the cold storage on the request of the complainant but found that the goods, i.e., potatoes in question did not suffer from any damage claimed by the complainant. Both the fora below have returned the finding that there was no deficiency in service of the OP cold storage.

4. We have heard learned counsel for the petitioner. His main contention is that the inspection of the cold storage was carried out by the representative of the District Horticulture Officer on oral instructions and the report of the inspecting officer was also conveyed orally and there is nothing on record filed by way of report by the District Horticulture Officer in the matter. In view of this, learned counsel has argued that since the District Forum has unsuited his claim relying on the inspection carried out by the District Horticulture Officer, the orders of both the fora below suffered from serious infirmity inasmuch as the so-called inspection report is not available on the record and it is confirmed through information obtained by the petitioner under the RTI Act that there is no written report available in the office of the District Horticulture Officer, Kaushambi in this regard.

5. We have gone through the order of the District Forum in which the evidence adduced by the parties has been discussed in detail. Absence of report in writing does not per se mean that the report referred to by the District Forum was wrong or without any basis. The petitioner has not disputed that the inspection was carried and that too on his request only. In any case, it was open to the petitioner to produce other evidence and proof in support of his claim in respect of the damage done to the potatoes stored by him in the cold storage as per his complaint. Having failed to do so before the fora below

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, the petitioner cannot be allowed to challenge the concurrent finding of fact returned by the fora below which clearly shows that there was no merit in the claim put forth by the petitioner. There are no other legal issues involved in the matter. In these circumstances, we do no see any ground to interfere with the concurrent orders of the fora below dismissing the complaint. Revision petition filed by the complainant, therefore, stands dismissed at threshold.
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