w w w . L a w y e r S e r v i c e s . i n



Director, Maa Chamunda Cold Storage Through its Director Shri Ajay Singh v/s Harinarayan


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:- CHAMUNDA CORPORATION PRIVATE LIMITED [Active] CIN = U45200GJ2012PTC072050

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:- SINGH COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022MP1995PTC009441

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:- MAA CHAMUNDA COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022MP2005PTC017820

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:- 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:- A K STORAGE PRIVATE LIMITED [Strike Off] CIN = U99999MH1978PTC020884

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.1939 OF 2012

    Decided On, 07 November 2012

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE J.M. MALIK
    By, PRESIDING MEMBER & THE HONOURABLE MR. VINAY KUMAR
    By, MEMBER

    For the Petitioner: Ritesh Khare, Advocate. For the Respondent: Jayant R. Vipal, Anand Adhikari, Advocates.



Judgment Text

JUSTICE J.M. MALIK, PRESIDING MEMBER

1. The case of the complainant-respondent is this. He had kept 505 bags of potatoes, weighing 314 quintals and 15 kgs. valued at Rs.2,51,201 in the cold storage, Maa Chamunda Cold Storage, petitioner-opposite party. The petitioner charged Rs.10 per bag as storage charges. The balance was to be paid at the time of taking back potato bags. It is alleged that when he went to take back the potatoes in August, 2008, he found that majority of the potatoes had decayed and some potato bags were missing from the lot. He complained that he should be compensated for the loss but his request fell on deaf ears. Consequently, he filed a complaint with the District Forum with the prayer that he be granted compensation amounting to Rs.2,51,320/- plus Rs.48,680/- towards mental agony, total being Rs. 3 lakhs.

2. The District Forum dismissed the complaint. The District Forum was pleased to hold:

'5. It is an admitted fact that on 23.08.2008, Chagan Lal, brother of the father of the complainant received 310 bags from different rack number and their dispatch receipt has been produced. From which it is clear that had the potato been perished, applicant would not have received the potato. Affect of temperature of cold storage takes place on all the bags of potatoes stored therein. It is submitted by the respondent that the bags of potatoes stored in his cold storage were not misplaced, when the remaining bags of potatoes were not picked up by the applicant, respondent sold out 195 bags of potatoes in Mandi on 07.09.2008, receipt whereof is No. 393. Bags of potatoes were sold in STC PTC.

6. It is apparent after taking into consideration the above fact that complainant did not pick up the potatoes kept in the cold storage deliberately and the potatoes were stored at right temperature. Respondent on 07.09.2008 sold out all those bags in the Mandi which were not received back by the complainant and by doing so, respondent has not committed any deficiency in service.'

3. Aggrieved by that order, complainant preferred an appeal before the State Commission. The State Commission reversed the order passed by the District Forum and granted compensation in the sum of Rs.1.5 lakh.

4. We have heard learned counsel for the parties. In his affidavit, the petitioner-opposite party submits that as a matter of fact, 1005 bags of potatoes were kept in the cold storage for the period from February 2008 to July, 2008 by the complainant and his uncle. The complainant took 310 bags on 23.8.2008 vide receipt No. 353. The complainant’s uncle also informed the opposite party that the complainant would come and pick up the remaining bags on 29.8.2008. The complainant came and took away 501 bags vide receipt No. 379. He assured the opposite party that the remaining 195 bags would be removed on the next very date. Since he did not come back to take 195 bags, therefore, the petitioner-opposite party sold in the mandi.

5. It is crystal clear that the contributory negligence on the part of both the parties stands established. Learned counsel for the petitioner has invited our attention towards receipt dated 5.3.2008. At the back of this receipt, it clearly, specifically and unequivocally mentioned the dates for keeping the goods. It was stated that he season would commence from February to July. It also mentioned that Rs.10/- as advance was obtained and rest of the charges would be taken at the time of release of the goods. This clearly goes to show that the goods were not removed till the end of August, 2008. There cannot be any conflictions on the point that the potatoes are of perishable nature. This cannot be kept in the cold storage for a very long time. The complainant should have removed 195 bags of potatoes immediately during the month of August, 2008. However, the needful was not done despite coming to know that the potatoes had started decaying. Negligence is attributable to him in this regard.

6. However, it is also not understood as to why did the opposite party sell the potatoes without informing the complainant before doing so. He should have sent a notice to the respondent. The record reveals that the opposite party received the legal notice on 5.9.2008 and sold the bags in the market to its later date without informing the complainant.

7. The complainant himself admits in his reply that he has consigned 195 bags of potatoes in the cold storage. The complainant had filed an affidavit of Chagan Lal alongwith the appeal whereby Mr. Chagan Lal categorically denied the fact that he had withdrawn 310 bags of potatoes on 23.8.2008 vide receipt No. 353 and he has further denied that he has never informed the petitioner that the respondent would come to pick up balance bags of potatoes. Mr. Chagan Lal has given affidavit Ex. P-1 before this Commission.

8. The affidavit of Chagan Lal does not add another twist to the tale. The facts already stands elucidated. It was the bounden duty of the complainant to remove the potatoes in the month of July. Even if the potato market was not picking up during those days, the complainant should have paid the charges and made a request to keep the same for further period.

9. It is difficult to fathom on what basis the State commission granted compensation in the sum of Rs.1.5 lakhs. No receipt or any other document saw the light of the day. The complainant did not pay the charges for cold storage. To the same effect is story coming out from the mouth of opposite party. The opposite party could not explain

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for how much consideration it had sold the potatoes. Suppression of facts is the best way to get rid of the liability. The complainant admits that only 195 bags were left. Its value is less than half claimed by the complainant. There is contributory negligence as well. The potatoes had started decaying. After mulling over all these facts and circumstances, we reduce the compensation from Rs.1.50 lakh to Rs.60,000/- which will carry interest at the rate of 6% from the date of filing the instant complaint before the learned District Forum till its realization. The revision petition stands disposed of accordingly.
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