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INDERJIT SINGH, SUDHIR KUMAR JAIN
Jaswant Nagar Cold Storage Private Limited – Appellant
Versus
Prem Singh – Respondent
ORDER
Dr. Sudhir Kumar Jain, Member—The relevant facts as stated in the complaint are that the complainant/Prem Singh (hereinafter referred to as ‘the complainant’) being a farmer was cultivating the potatoes and used to store potatoes in M/s Jaswant Cold Storage Private Limited (hereinafter referred to as ‘the opposite party’) for the purpose of seeding. The complainant deposited Beej Foundation Potato Hybrid Seed on different dates i.e. 99 packets of potatoes mark no 1004/99 dated 06.04.2008 vide receipt 1004, 33 packets of potatoes mark no 1048/33 dated 06.04.2008 vide receipt no 1048 and 160 packets of potatoes mark no 1070/160 dated 11.04.2008 vide receipt number 1070. The complainant also deposited 132 packets of potatoes mark no 1071/132 dated 11.04.2008 vide receipt number 1071. The complainant as such deposited 424 packets potatoes in the cold storage i.e. the opposite party. The complainant took only 20 packets potatoes from the respondent vide receipt no 1048 and balance 404 remained stored with opposite party. The complainant stored 404 packets potatoes with cost of Rs.326 per packet including Rs.16/- as labour charge and Rs.10/- for bardaria (gunny beg) per packet total
Cold Storage – Licensee cannot be allowed to breach or not to follow mandatory requirement of law.
Concurrent findings of fact - National Commission, in exercise of revisional jurisdiction, cannot set aside concurrent findings of fact of foras.
The National Commission's revisional jurisdiction is limited; it cannot alter concurrent findings of fact unless there's a jurisdictional error.
When more than one remedy is available to a party in respect of the same grievance, the party must choose a remedy, and all incidents attached to that remedy must follow.
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The failure to provide timely notice and evidence of machinery breakdown negates the claim for damages under the insurance policy, establishing no deficiency of service by the insurer.
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