Mr. Justice K.C. Bhargava, President— This is an appeal against the judgment and order dated 10.3.1999 passed by District Consumer Forum, Bahraich in Complaint Case No. 133/1997. The complainant prayed for claim for price of the potatoes which the appellant failed to deliver back alongwith damage.

2. The facts of the case stated in brief are that the complainant kept 296 bags of potatoes on 29.3.1996 and 175 bags of potatoes on 1.4.1996 weighing 322 quintals and 77 kgs. When the complainant went to take back the potatoes he found that the same was rotten and he took delivery of all the potatoes bags on 18.5.1999.196 bags of potatoes were not returned to the complainant. At the rate of Rs. 425/- per quintal the complainant is entitled to cost of potatoes of Rs. 1,37,227.25. Opposite party filed a written statement and has argued that on account of failure of electricity and non-availability of diesel in appropriate quantity the cold storage could not run properly.

3. The learned District Forum, after considering the evidence on record came to the conclusion that the complainant is entitled to claim a sum of Rs. 1,37,227.25 as cost of the potatoes alongwith Rs. 500/- as cost. It a