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Sri Ganesh Enterprises, Prop: Sri Puripanda Visweswara Rao v/s M/s. Narayana Cold Storage, Rep. by its Manager


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:- GANESH COLD STORAGE PRIVATE LIMITED [Active] CIN = U51909WB1995PTC068162

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:- SRI SRI ENTERPRISES PRIVATE LIMITED [Active] CIN = U50100TG2011PTC076774

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:- SRI NARAYANA PVT LTD [Active] CIN = U74999PY1981PTC000177

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:- RAO ENTERPRISES PRIVATE LIMITED [Strike Off] CIN = U51909TG1997PTC028116

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:- SRI ENTERPRISES PRIVATE LIMITED [Active] CIN = U52609MH2020PTC336299

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.385 of 2010 Against C.C.No.18/2009, District Forum, Vizianagaram

    Decided On, 21 July 2011

    At, Andhra Pradesh State Consumer Disputes Redressal Commission Hyderabad

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

    For the Appellant : Dr. P.P. Ramayya, Advocate. For the Respondent : M/s. V. Gouri Sankara Rao, Advocate.



Judgment Text

Oral Order (Per Hon’ble Justice Sri D.Appa Rao, President)

This is an appeal preferred by the complainant against the order granting inadequate amount towards damage to tamarind kept in cold storage.

The case of the complainant in brief is that he kept 45 quintals of tamarind in the cold storage of the opposite party on 15-3-2006 worth Rs.60,750/-. Due to improper maintenance, the tamarind was spoiled. Therefore, he addressed two letters demanding the opposite party to reimburse the amount but he did not choose to give any reply. On that, the complainant issued a legal notice followed by the complaint claiming Rs.60,750/- towards cost of tamarind with interest at 24% p.a. together with compensation of Rs.25,000/- and costs of Rs.2,000/-.

The opposite party resisted the case. While admitting that the complainant had kept tamarind in the cold storage maintained by it, the allegation that the tamarind was damaged and dis-coloured was denied. In fact, it took utmost care and caution while storing the stocks in its cold storage by maintaining the requisite temperature. Had it not maintained with utmost care the entire stocks i.e about 450 lorries of stock could have been spoiled. It submitted that the complainant was a litigant and his name was black listed and he filed the complaint to harass him and therefore prayed for dismissal of the complaint.

The complainant in proof of his case filed his affidavit evidence and got marked Exs.A1 to A7 (no documents marked in the order but in the record of the District Forum, along with written arguments of complainant and opposite party, Exs.A1 to A7 are numbered) while the affidavit of the Manager of the cold storage is filed and no documents were marked.

The District Forum after considering the evidence placed on record opined that the complainant had sustained loss due to damage of tamarind kept in the cold storage which it quantified at Rs.25,000/- and directed the opposite party to pay the said amount within two months failing which it awarded interest at 12% p.a. from the date of complaint till realization together with costs of Rs.1500/-.

Aggrieved by the said order, the complainant preferred this appeal contending that the amount awarded by the District Forum was too low. In fact at the time when the stock was entrusted to the cold storage, the value of the tamarind was Rs.60,750/-.

The point that arises for consideration is whether the tamarind that was kept in the cold storage of the respondent was spoiled and if so what is its price?

At the outset we may state that the respondent, cold storage filed an appeal, S.R.989/2010 which was dismissed by order dated 22-3-2010.

It is not in dispute that the complainant has entrusted 45 quintals of tamarind to the respondent for storage in its cold storage on 15-3-2006. The averment that the tamarind was damaged though was disputed by the respondent, evidently he could not prove it as did not give any reply when protested by letters of the complainant, Exs.A4, A5 and A6. The respondent did not direct the complainant for production of the tamarind in order to find out whether the tamarind that was kept in the cold storage was spoiled.

The only point that can be considered in this appeal is what is the amount that could be awarded to the complainant for damage caused to 45 quintals of tamarind?

During the course of appeal, the complainant has filed documents evidencing the price of the tamarind as on the date when it was entrusted to the respondent and those documents are assigned numbers Exs.A8 to A11. The receipt Ex.A9 shows the cost of tamarind per quintal is Rs.1029/- and cost of 45 quintals of tamarind would come to Rs.46,305/-. Therefore, awarding Rs.25,000/- by the District Forum is without any basis, and in view of the documentary evidence, it can be safely inferred that the cost of 45 quintals of tamarind was Rs.46,305/-. Therefore, the complainant

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is entitled to the said sum. In the result this appeal is allowed in part modifying the order of the District Forum by enhancing the cost of tamarind from 25,000/- to Rs.46,305/- to be paid with interest at 9% p.a. from the date of appeal i.e. 18-3-2010 till the date of payment while confirming the costs awarded by the District Forum and directing the respondent to pay the same within four weeks from the date of receipt of this order.
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