First Appeal No. A/257/2008, (Arisen out of Order Dated 08/01/2008 in Case No. CC/14/2007 of District Patna). Case: Bijay Singh, Saran Vs Maa Durga Cold Storage Pvt. Ltd..

Case Number:First Appeal No. A/257/2008, (Arisen out of Order Dated 08/01/2008 in Case No. CC/14/2007 of District Patna)
Party Name:Bijay Singh, Saran Vs Maa Durga Cold Storage Pvt. Ltd.
Judges:Mr. Subhash Chandra Jha President and Mrs. Renu Sinha Member
Issue:Consumer Law
Judgement Date:May 16, 2011


S.C. Jha, President

  1. This appeal has been directed against the order dated 08-01-2008 passed in Consumer Complaint No. 14/2007 by the learned District Consumer Disputes Redressal Forum, Patna (hereinafter to be referred to as the District Forum) wherein and whereunder the complaint case filed by the complainant-appellant stood dismissed.

  2. The order seems to have been passed exparte. The appellant-complainant has filed the complaint for payment of Rs. 1,92,000/- with interest @ 18% as also for Rs. one lac by way of compensation on the plea that he has sold the potato worth Rs. 2,62,078/- in the Cold Storage of the respondent, Maa Durga Cold Storage Pvt. Ltd., Nasriganj, Digha on 19-09-2006 vide Cold Storage Roll 53, Party No. 26 but the respondent paid only Rs. 1,62,078/- and as such, Rs. one lac remained due whereas the complainant also claimed Rs. 92,000/- for the amount to be realized from him from another Cold Storage for which he was given receipt by the respondent. It appears from the record that respondent-O.P. appeared and filed their written statement denying the entire claim and story of complaint case as false, fabricated and forged rather it was urged that in order to create such amount forged documents were prepared. The O.P. also produced carbon copy of the receipt of the original wherein it has been claimed that the complainant has received in all Rs. 2,62,078/- but thereafter he made interpolation in the receipt and made it for Rs. 1,62,000/- and then lodged complaint. The O.P.-respondent also produced photocopy of the documents. So far claim in respect of Rs. 92,000/-, it was replied by the O.P.-respondent that the complainant was to life potato worth Rs. 92,000/- from another Cold Storage-Raj Laxmi Cold Storage Pvt. Ltd. Gola Road, Danapur of payment but he did not go there to lift such potato after paying. So, the question of Rs. 92,000/- to be realized from O.P. did not arise.

  3. It appears from the impugned order that after filing of such written statement and pleadings by the O.P.-respondent in the District Forum, the complainant deliberately absented and did not...

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