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M/s. Murugan Cold Storage Pvt. Ltd., v/s M/s. DDF ( Davood Fruit Merchant), Rep. by S.Davood


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:- MURUGAN COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022AP2000PTC034881

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:- S C MERCHANT PRIVATE LIMITED [Strike Off] CIN = U51909WB2003PTC096196

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:- T. K. MERCHANT LIMITED [Strike Off] CIN = U51909WB2011PLC159601

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:- L. B. MERCHANT PRIVATE LIMITED [Active] CIN = U74140GJ2011PTC066676

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

    F.A.No.293 of 2009 against C.C.No.91/2008, District Forum-1, Chittoor

    Decided On, 04 July 2011

    At, Andhra Pradesh State Consumer Disputes Redressal Commission Hyderabad

    By, HONOURABLE MR. JUSTICE D. APPA RAO
    By, PRESIDENT
    By, SMT. M. SHREESHA
    By, HONOURABLE MEMBER & MR. R. LAKSHMINARSIMHA RAO
    By, HONOURABLE MEMBER

    For the Appellant : M/s. V.Gowrisankara Rao, Advocate. For the Respondent : M/s. P. Rajesh Kumar, Advocate.



Judgment Text

(Typed to dictation of Smt.M.Shreesha, Hon’ble Member)

Aggrieved by the order in C.C.No.91/2008 on the file of District Forum-1 Chittoor , the opposite party preferred this appeal.

The brief facts as set out in the complaint are that the complainant purchased apples from M/s. Bhagavandoss & Sons, Delhi and the apples worth Rs.26,08,907/- , 50,785 kgs. And the same were stored in the cold storage of the opposite party and the relevant receipts were issued by the opposite party. The receipts are dt.10.12.2007 to 2.1.2008. On 12.3.2008 onwards when the complainant was lifting the stock he was informed that 20 lakhs worth stock was damaged and the complainant took photographs and CD for proving the same. The complainant submits that it was only because of mis management of the opposite party that his stock was damaged and he got issued legal notice on 26.6.2008 calling upon the opposite party to compensate for the loss for which the opposite party replied on 12.6.2008 denying his liability. Hence the complaint seeking the direction to the opposite party to pay Rs.19,99,690/- together with interest.

Opposite party filed written version stating that he requested the complainant to have the cold storage verified by a competent and qualified technician. The Cold Storage has branded machinery and Generator with 160 KV capacity. Opposite party denies that the complainant lifted the stocks from 12.3.2008 onwards. The complainant through its agents/employees lifted 30,471 kgs. of apples on 15.3.2008 vide bill no.4705 and another quantity of 25,938 kgs. on the same day vide bill no.4706 and remaining 540 kgs. on 16.3.2008 vide bill no.4707. The apples were delivered in good condition and the boxes were in a sealed condition and he submits that he is not aware of photographs taken. There is no data available that the damaged apples weighed 38,500 kgs. and submits that there is no deficiency in service on their behalf.

The District Forum based on the evidence adduced i.e. Ex.A1 to A17 and B1 to B3 allowed the complaint directing the opposite parties to pay an amount of Rs.4 lakhs with interest at 9% p.a. from January 2008 till realization and costs of Rs.1500/- .

Aggrieved by the said order, the opposite party preferred this appeal . Storage of apples from 10.12.2007 to 2.1.2008 is evidenced under Exs.A7 to A12. Ex.A1 to A6 evidence the purchase of the apples by the complainant from 3.12.2007 to 28.12.2007. It is the complainant’s case that when his employees started lifting the stock from the Cold Storage from 12.3.2008 onwards he was informed that 38,500 kgs. of stock worth Rs.20 lakhs was damaged. The learned counsel for the appellant drew our attention to Goods Outward nos.4705, 4706 and 4707 which evidence that on 15.3.2008 and 16.3.2008 30,471 kgs., 25,938 kgs. and 540 kgs. were lifted by the complainant. We observe from the record that the complainant has filed only the photographs and CD in proof of his case and did not file any expert opinion in support of his case. There are also no substantial reasons as to why the complainant did not take immediate steps for 3 months. It is the complainant’s case that he noticed damage on 12.3.2008 itself and then he ought to have opened the boxes in the presence of opposite party and taken their endorsement with respect to the quantum of apples damaged. The complainant filed only photographs to establish his case and in the absence of any further documentary evidence it cannot be concluded that firstly the apples were damaged due to the negligence of the opposite party and secondly it is not possible to quantify the number of apples damaged, if any, without any substantial documentary evidence. Keeping in view the

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afore mentioned reasons we are of the considered view that the complainant did not establish the deficiency in service on behalf of the opposite party. Therefore we allow this appeal and set aside the order of the District Forum and consequently the complaint is dismissed. In the result this appeal is allowed and order of the District Forum is set aside and consequently the complaint is dismissed. No costs.
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