M/S Awadh Wood Products vs U.P Power Corporation Limited & Ors on 26 July, 2012
12. The learned District Forum as well as the State Commission have
gone into detailed evaluation of facts and evidence brought forth and
passed detailed and well reasoned orders. While OP-1 produced a
certificate purportedly issued by the District Horticulture Officer, Bahraich
dated 19.10.2007 stating that the license of the said cold storage expired
in 1999 - 2000 the same was not relied upon. On the other hand, the
learned counsel for the Complainant produced an order of the Appellate
Tribunal for Electricity (Appellate Jurisdiction) in Appeal No.110 of 2011
between M/s Awadh Wood Products (Petitioner in this case) Vs UP
Power Corporation Ltd & Ors., dated 26.07.2012 to establish that the
said cold storage was in fact functional even the year 2003-04. As
regards the allegation of OP-1 that the storage receipts were forged, it is
an admitted position of OP-1 that OP-1 did not initiate any legal recourse
against the Complainant. Further, the contention of OP-1 that the receipt
produced by Complainant contained inconsistencies such as mentioning
Kanpur instead of Bahraich is of limited consequence since even in the
said order of Appellate Tribunal for Electricity (Appellate Jurisdiction) in
Appeal No.110 of 2011 between the Petitioner and UP Power
RPs 429-433 OF 2025 Page 8 of 10
Corporation Ltd & Ors dated 26.07.2012, same address is mentioned.
The Complainant has also provided storage receipts and evidence of
depositing potatoes as stated.