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M/s. Chatak Cold Storage & Others v/s Jaipal Singh


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:- 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:- 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:- JAIPAL INDIA PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U31909MH1994PTC077713

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. 2001 of 2015

    Decided On, 20 August 2015

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MRS. M. SHREESHA
    By, PRESIDING MEMBER

    For the Petitioners: Pramod Kumar Shukla, Advocate. For the Respondent: ------



Judgment Text

1. Heard Counsel for the Revision Petitioners.

2. The facts, which are material to the case, are that the Respondent/Complainant had stored 15 bags of red potatoes and 99 bags of white potatoes in the cold storage of the Opposite Parties, who are the Revision Petitioners herein, in year 1996. Each bag was weighing between 98 kgs. to 100 kgs. It is the case of the Complainant that on 25.09.1996 when he went to take the potatoes, he was informed by the staff of the Revision Petitioners that the potatoes were spoilt and had become rotten. It is the case of the Revision Petitioners that on 18.06.1996 the Complainant had been informed by means of a notice that he ought to withdraw his potatoes and that on 27.06.1996 he had taken the potatoes from the cold storage. The Complainant denies received such notice to take back the potatoes. The address of the Complainant, mentioned in the notice, was Jaipal Singh S/o Murli Singh, Gadhiya Kachpura, Farrukhabad and there was no mention of Police Station, Tehsil and Post Office, Street and Mohalla etc. on the said notice. In any case, the Opposite Parties did not file any documentary evidence to show that this notice had been received by the Complainant.

3. The District Forum after hearing the parties, vide its order dated 30.11.2009, while observing that a false affidavit was filed by Shri Hari Kishan Arya and Mr. Mahendra Kumar Arya and the notice sent by the Opposite Parties, the Revision Petitioners herein, was not received by the Complainant, allowed the Complaint and directed the Opposite Parties to pay a sum of ₹23,500/- together with interest @ 6% per annum from the date of filing of the Complaint till the date of realization.

4. Aggrieved by this order, the Opposite Parties preferred First Appeal No. 198 of 2010 before the State Commission in. However, while concurring with the finding returned by the District Forum, the State Commission dismissed the Appeal. Hence, the present Revision Petition.

5. Learned Counsel for the Revision Petitioners submitted that at the time of disposal of the Appeal, neither they nor the Complainant was present before the State Commission and their arguments were also not heard. In this situation, the State Commission should not have dismissed the Appeal.

6. It is observed from the order by the State Commission that it had disposed of the matter on merits, after taking into consideration all the material on record and the fact that the potatoes were admittedly in the custody of the Revision Petitioners herein and were spoilt, as the Complainant was not given any notice to take back his potatoes within a specified time frame.

7. Having regard to the facts that the quantum involved is ₹23,500/- with i

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nterest @ 6% per annum; there is a concurrent finding of both the Fora below; and that the Complaint was filed before the District Forum almost 20 years ago, in the year 1996, we do not find it a case fit to be allowed. Hence, the Revision Petition fails and is accordingly dismissed. No costs.
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