##PAGE1##

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA

FIRST APPEAL NO. SC/6/A/68/2020

RAKESH PRESENT ADDRESS - H.NO. 197, GALI NO.7, NEW PREM COLONY, ,HARYANA.

.......Appellant(s)

Versus

HAFED COLD STORE AND OTHERS PRESENT ADDRESS - G.T.ROAD, TARAORI, ,HARYANA.

.......Respondent(s)

BEFORE:

MR. S . P . SOOD , JUDICIAL MEMBER MR. SURESH CHANDER KAUSHIK , MEMBER

FOR THE APPELLANT:

MR. ANIL BIDHAN, COUNSEL FOR THE APPELLANT.

FOR THE RESPONDENT:

MR. PARDEEP PANWAR, COUNSEL FOR RESPONDENT NO.1 TO 3.

DATED: 24/03/2026

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

Date of Institution: 31.01.2020

Date of final hearing: 24.03.2026

Date of order: 24.03.2026

First Appeal No.68 of 2020

IN THE MATTER OF:-

Rakesh S/o Sh. Jagdish, R/o H. No. 197, Gali No. 7, New Prem Colony, Karnal, Haryana.

....Appellant

Versus

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

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

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

…..Respondents

CORAM: SH. S.P. SOOD, JUDICIAL MEMBER

SH. S.C. KAUSHIK, MEMBER

Present: Mr. Anil Bidhan, counsel for the appellant.

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

ORDER

PER: S.P. SOOD, JUDICIAL MEMBER

Unsuccessful complainant is in appeal. Challenge in this Appeal No.68 of

2020 has been invited to legality of order dated 24.12.2019 passed by learned District Consumer Disputes Redressal Commission, Karnal (In short “District Consumer Commission”) in complaint case No.368 of 2018, vide which his

complaint has been dismissed.

2. 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 700 bags of 50 kg each in the cold store of OP No.1 vide lot No. 274/266, 404/434 against a payment of Rs.7,000/- which was received by OP No.1 in advance. 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 06.10.2017 before Managing Director, HAFED, Panchkula, HAFED Cold Store, Tarori, Chief Minister, Haryana for giving compensation to him. 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 30% to 35% and thus have become unfit for sowing. Complainant has suffered loss of seed amounting to Rs.7,00,000/- 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.

3. Upon notice, OP No.1 to 3 raised their contest and submitted that the complainant has stored 700 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.7,000/- with OP as booking amount at the time of storage of potato bags. Complainant has lifted 434 bags of potatoes by remitting the storage rent to the OPs after 14.10.2017 and 266 bags of potatoes were left in the store. Before storage of potato bags, complainant had accepted the terms and conditions set by OPs for storage of Goods, which were duly printed on the back side of the Form-D and at the bottom of Form-D it was mentioned that “terms and conditions are mentioned overleaf.” These terms and conditions were duly gone through by the complainant and same were read over to him by OPs to his full satisfaction. Form-D was handed over to the complainant after compliance at the time of storage of potato bags. OPs several times requested the complainant to lift his remaining stored potato bags from its storage by paying the balance amount