Mr. Justice A. Venkatarami Reddy, President—The complainant in C.D.C. 489/94 District Forum, Chittoor was filed by one P. Lakshminarayana against M/s. Himalaya Cold Storage represented by its Managing Partner and opposite parties 2 to 5 being the other partners, claiming a sum of Rs. 3,03,686/- with interest at 12% p.a. from 7.6.1994 on account of total loss of potatoes of 73,000 kgs. stores in the cold storage of the first opposite party.

2. According to the complainant, he kept the potatoes weighing 73,000 kgs. in the first opposite party-cold storage from 29.3.1994 to 24.4.1994 and paid the necessary rent, for which the first opposite party issued a receipt. The complainant went on tour from 25.5.1994 to 6.6.1994 and after return from tour he came to know that all the potatoes kept in the cold storage of the first opposite party are spoiled. On verification, the complainant found that his potatoes are all spoiled, the second opposite party promised to pay the value of the potatoes at the rate of Rs. 4/- per kg. as per the market rate i.e. Rs. 2,92,000/- but failed to pay the amount.

3. Alleging that the damage to the potatoes was caused due to over storage of goods and shorta