Mr. Justice Palok Basu, President––Mr. R.K. Gupta on behalf of the appellants and Mr. Mohd. Wasim Siddiqui on behalf of the respondent have been heard.

2. Maulana Sabir, complainant, went to the District Forum, Bahraich alleging that he had stored 187 bags of potato in 1998 with the appellant Cold Storage which weighed around 160 quintal 82 kg. When the potato bags were sought to be taken back, the appellant intimated that all the potatoes have grown stale. He claimed compensation at the rate of Rs. 10/- per kg.

3. After proper notice on the appellant, the appellant appeared and time was allowed for written statement, but it was not filed within the time allowed, second time again request was made which was refused and parties were asked to argue the matter. After hearing learned Counsel for both the parties and examining the material, the District Forum recorded a finding that 187 bags were in fact stored by Maulana Sabir with the appellant cold storage which was not returned to him hence compensation was payable for the said stock which grew stale in the cold storage of the appellant. A further finding has been recorded that since during the course of arguments it was suggeste