The onus of proving that the required temperature was maintained in a cold storage facility lies with the service provider; failure to provide evidence of temperature maintenance constitutes a deficiency in service.

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

Date of Institution: 17.09.2019

Date of final hearing: 05.03.2026

Date of order: 05.03.2026

First Appeal No.822 of 2019

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. Pardeep Kumar S/o Sh. Padam Singh, R/o Village Sambhli, Tehsil Nissing, District Karnal.

2. National Insurance Company Ltd. GT Road, Karnal through its Manager.

…..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.

ORDER

PER: S.P. SOOD, JUDICIAL MEMBER

Delay of 25 days in filing of First Appeal No. 822 of 2019 stands condoned for the reasons mentioned in the application seeking condonation of delay.

In present appeal No.822 of 2019; legality of order dated 15.07.2019 passed by learned District Consumer Disputes Redressal Commission Karnal (In short “District Commission”) in complaint case No.404 of 2017 has been assailed, vide which complainant’s complaint has been allowed.

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 100 bags of 50 kg each in the cold store of OP No.1 against a payment of Rs.1,000/- vide receipt No. 116574 dated 06.03.2017, which was received by OP No.1. 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 16.10.2017 before C.M. Window and to Horticulture Department. On 18.10.2017 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 60% to 65%and thus have become unfit for sowing. Complainant has suffered loss of seed amounting to Rs.1,25,000/- 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 100 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.1,000/- 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. 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 were categorically and specifically mentioned therein which were duly read over to him and he after understanding the said terms and conditions, signed the said Form-D. Horticulture Department inspected the premises of OP where potato of complainant were lying and submitted its report stating therein that stocks of the complainant were found sprouted. As per report of Chaudhary Charan Singh Haryana Agriculture University, Hissar, “Sprouted potatoes can be planted in spring as long as they look healthy and previous season was disease free.” Complainant has not suffered any loss due to any fault on the part of OPs. Complainant in order to avoid making payment of balance amount of rent which comes to be of Rs.93,700/- has filed the false complaint. As per plea, there is no deficiency in service