The burden of proof regarding the maintenance of specific environmental conditions (such as temperature in a cold store) rests with the service provider, as the consumer cannot be required to prove a negative.

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

Date of Institution: 16.07.2021

Date of final hearing: 05.03.2026

Date of order: 05.03.2026

First Appeal No.148 of 2021

IN THE MATTER OF:-

1. HAFED Cold Storage, G.T Road, Taraori, District Karnal through its Manager.

2. D.G.M. HAFED, G.T. Road, Taraori.

3. The Managing Director, HAFED, Sector-5, Panchkula.

....Appellants

Versus

1. Jasbir Singh S/o Sh. Ram Sarup, R/o Village Shamgharh, Tehsil Karnal, District Karnal.

2. National Insurance Company Ltd. GT Road, Karnal through its Manager, policy No.420500/11/17/310000004B valid from 28.06.2017 to 27.06.2018.

…..Respondents

CORAM:

SH. S.P. SOOD, JUDICIAL MEMBER

SH. S.C. KAUSHIK, MEMBER

Present: Mr. Pardeep Panwar, counsel for the appellants.

Mr. Bhupinder Singh, counsel for the respondent No.1.

Mr. J.P. Nahar, counsel for the respondent No.2.

Date of Institution: 03.08.2021

Date of final hearing: 05.03.2026

Date of order: 05.03.2026

First Appeal No.168 of 2021

IN THE MATTER OF:-

Jasbir Singh S/o Sh. Ram Sarup, R/o Village Shamgharh, Tehsil Karnal, District Karnal.

....Appellant

Versus

1. HAFED Cold Store, GT Road, Taraori, District Karnal through its Manager.

2. D.G.M., HAFED, GT Road Taraori.

3. Managing Director, HAFED, Sector-5, Panchkula.

4. National Insurance Co. Ltd. G.T. Road, Karnal through its Manager, policy No.420500/11/17/310000004B valid from 28.06.2017 to 27.06.2018.

…..Respondents

CORAM:

SH. S.P. SOOD, JUDICIAL MEMBER

SH. S.C. KAUSHIK, MEMBER

Present: Mr. Bhupinder Singh, counsel for the appellant.

Mr. Pardeep Panwar, counsel for the respondent No. 1 to 3.

Mr. J.P. Nahar, counsel for the respondent No.4.

ORDER

PER: S.P. SOOD, JUDICIAL MEMBER

By this order; above mentioned two connected appeals are being disposed off. In both appeals; legality of order dated 16.03.2021 passed by learned District Consumer Disputes Redressal Commission Karnal (In short “District Commission”) in complaint case No.31 of 2019, vide which complainant’s complaint has been allowed, has been questioned, separately.

Factual matrix : Complainant had sown potato crop in his field for earning his livelihood and a good quality potato was grown in the fields of the complainant and he has prepared a certified seed of potato for sowing in the next crop in his fields. Complainant has stored 1500 bags of 50 kg each in the cold store of OP No.1 on different dates against a payment which was received by OP No.1 in advance. On 10.09.2017, complainant went to store of OP No.1 to inspect the said potato seed and noticed that the potato seed had sprouted due to high temperature and has become unfit for sowing in the fields due to negligence on the part of OPs. He moved a complaint on 15.09.2017 before Horticulture Department, Uchani. On 20.09.2017 a Committee was constituted by the Horticulture Department and the said Committee after inspection of the said potato seed submitted its report that potato seed have sprouted to the extent of 20% to 25% and thus have become unfit for sowing. Complainant has suffered loss of seed amounting to Rs.15,00,000/- as per market rate. Complainant contacted the OPs several times and demanded compensation for the loss suffered by him but OPs did not pay any single penny to him. As per plea, there was deficiency in service on the part of the OPs.

Upon notice, OP No.1 to 3 raised their contest and submitted that the complainant has stored 1500 bags of potato in the cold store of OP. The seasonal rent of the potato bag is Rs.110/- per bag. The complainant deposited only Rs.15,000/- with OP as booking amount at the time of storage of potato bags with the condition that he shall lift the stock by paying the balance storage rent before expiry of the storage period. Complainant has lifted 1343 bags of potatoes by remitting the storage rent to the OPs after 10.11.2017 and 157 bags of potatoes were left in the store. At the time of storing of the potato bags, complainant has also signed Form-D in which the terms and conditions for storing the goods w