BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KADAPA Y.S.R DISTRICT
PRESENT SMT. K. SIREESHA, B.L., PRESIDENT FAC
SRI M.V.R. SHARMA, MEMBER.
Friday, 28th March 2014
CONSUMER COMPLAINT No. 70/ 2013
Yekasi Gangaiah, S/o Y. Thippaiah, aged 50 years,
Agriculturist, Residing at Yadavakunta Village,
Thondur Mandal, Kadapa District. ….. Complainant.
Vs.
1. Sri Lakshmi Seeds, Rep. by its Proprietor
Ramachandra Reddy, Father’s name not known,
aged 60 years, Residing at D.No. 1-4-371-A, Upstairs,
Pulivendula, Kadapa YSR District.
2. Syngenta India Ltd., Rep. by its Managing Director,
having its registered office at Amar Paradigm,
S.No. 110/11/3, Baner Road, Pune – 411 045,
Maharastra State. ….. Opposite parties.
This complaint is coming before us for final hearing on 27-3-2014 and perusing complaint and other material papers on record and on hearing the arguments of Sri C.H. Jagadeswar, Advocate for complainant and Opposite parties 1 & 2 are called absent and set exparte on 25-2-2014 and the matter having stood over for consideration this day, the Forum made the following:-
O R D E R
(Per Sri M.V.R. Sharma, Member),
1. This Complaint is filed under section 12 of the C.P. Act 1986 by the complainant seeking direction from the opposite parties.
(i) to direct the opposite parties to pay jointly and severally Rs. 1,20,000/- with future interest @ 16% p.a. from the date of filing complaint till the date of realization,
(ii) Direct the opposite parties to pay costs of the complaint
(iii) Pass such other orders as the Hon’ble forum may deem fit and proper under the circumstances of the case.
2. The brief facts of the complaint is as follows:- The complainant is a farmer having lands in Yadavakunta village of Thondur Mandal an extent of Ac. 6.00 cents in survey No. 144/2 (an extent of Ac. 2.85 cents) and in survey No. 144/3 (an extent of Ac. 3.15 cents) and has been cultivating the lands for the past 20 years.
3. The complaint used to get good yield out of his lands and he used to get a yield of Rs. 1,00,000/- per annum. The entire family of the complainant is dependent upon this income only. It is stated that the complainant purchased Sun bred – 275 PR (Arena) variety seeds for germination of Sun flower crop in his lands from O.P.1 for a sum of Rs. 5,950/- on 5-10-2012 with lot No. 10823635 and O.P.2 is the manufacturer of the seeds of the seeds. After purchase the very next day he sowed the seeds in his lands with ferticum seed drill and returned one bag of seeds to the O.P. 1 and the complainant spent nearly Rs. 40,000/- for purchase of seeds cultivation, labour etc.,
4. It is further stated that usually the optimum spacing for light soil is 45 X 25 cm (11 Plants per square meter) but only 3 to 4 plants were germinated per square meter and not 11 plants as required. The complainant intimated the same to O.P.1, after that the company people came and saw the crop and went away.
5. It is also stated that the O.P. 1 gave evasive reply and same was brought to the notice of elders and conducted panchayat. The O.P.1 did not care for the elders and the problem of the complaint is not solved. Finally the complainant approached Andhra Jyhothi Newspaper and the news published on 9-11-2012.
6. The complainant further stated that the complainant gave an application to Joint director of agriculture, Kadapa and he addressed a letter to the Asst. Director of Agriculture (R) Muddanur and also sent a copy to Mandal Agriculture Officer, Thondur directing them to inspect the crops in the lands of complainant along with the Mandal Agriculture Officer, Thondur the Asst. Director of Agriculture, Muddanur submitted his report stating that the complainant has sown on 6-10-2012 in an extent of 6.00 Ac. with ferticum seed drill and the complainant applied DAP 100 kg per acre as a basal dose. The optimum spacing for light soils is 45 X 25 cm (11 plants per square meter) during the field visit the plot was observed to be with very poor crop stand i.e. 3 to 4 plants per square meter and even still less in some areas. The Mandal Agriculture Officer, Thondur Mandal had also given certificate to the above effect. The Village Revenue Officer also given certificate stating that the crop was failure as plants did not grow. Hence, the complaint is filed.
7. After numbering the case notices were issued to the opposite parties and same was served but they did not appear before the forum. Hence, the Opposite parties 1 & 2 set exparte on 25-2-2014.
8. To prove his case the complainant was examined as PW1 and filed affidavit along with documents and marked Ex. A1 to A11.
9. On the basis of the above pleadings the following points are settled for determination.
i. Whether the complainant is eligible for compensation as prayed by him?
ii. Whether there is negligence or deficiency of service on the part of their opposite parties?
iii. To what relief?
10. Point Nos. 1 & 2. The contention of the complainant is that the complainant having lands in Yadavakunta village of Thondur Mandal an extent of 6.00 Ac. in survey No. 144/2 and in survey No. 144/3 and he purchased Sun bred – 275 PR (Arena) variety seeds from O.P.1 a sum of Rs. 5,950/- on 5-10-2012 which is manufactured by O.P.2. The complainant sowed seeds in his lands with ferticum seed drill and the complaint spent nearly Rs. 40,000/- for purchase of seeds cultivation, labour etc., As per Ex. A9 and Ex. A10. It reveals that the complaint having lands in Yadavakunta village of Thondur Mandal an extent of Ac. 6.00 cents in survey No. 144/2 and in survey No. 144/3 and the complainant purchased Sun bred – 275 PR (Arena) variety seeds for germination of sun flower crop from the O.P.1 for a sum of Rs. 5,950/- on 5-10-2012 manufactured by O.P. 2 as seen from Ex. A1 and Ex. A2 label of seeds purchased by the complainant.
11. Further contention of the complainant is that usually the optimum spacing for light soil is 45 X 25 cm (11 Plants per square meter) but only 3 to 4 plants were germinated and the same was intimated to the O.P.1 and the company people came to saw the crop and went away after that the complaint gave application to the Joint Director of Agriculture, Kadapa to visit his lands and enquiry about the poor germination of seeds as seen from Ex. A5 on 14-11-2012. The Joint Director of Agriculture, Kadapa addressed a letter to Asst. Director to Agriculture (R) Muddanur and also sent a copy to the Mandal Agriculture Officer, Thondur to instructed to inspect the sun flower crop fields of the complaint under Ex. A6. Ex. A7 is the report of the Asst. Director of Agriculture (R) Muddanur is reported that during his fields visit the plot was observed to be with very poor germination stand i.e. 3 to 4 plants per square meter and even still less in some areas and the Ex. A8 is certificate issued by Mandal Agriculture Officer, Thondur Mandal certify that very poor crop stand i.e. 3 to 4 plants per square meter and even still less in some areas. Ex. A4 is the statement of Village Revenue Officer stated that very poor germination. Ex. A11 is the crop photo copy. Ex. A3 is paper clipping of Andhra Jyothi. As seen from the above Ex. A4 Village Revenue Officer. Ex. A7 Asst. Director and Ex. A8 Mandal Agriculture Officer it is stated that very poor germination in complainant’s land. As per above discussion the complainant proved deficiency of service of the opposite parties and the complainant is eligible for compensation. Hence, the points are answered accordingly.
12. Point No. 3 In the result, the complaint is allowed, directing the respondents 1 & 2 jointly and severally liable to pay Rs. 40,000/- (forty thousand) towards the expenditure including purchase of seeds to the complainant and Rs. 10,000/- (Ten Thousand) towards mental agony to the complainant, pay Rs. 2,000/- towards cost of the complaint, within 45 days date of receipt of the orders.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 28th March 2014
MEMBER PRESIDENT FAC
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant
PW1 A. Gangaiah, dt. 27-3-2014.
For Opposite parties: NIL
Exhibits marked for Complainant : -
Ex. A1 Cash receipt issued by Sri Lakshmi Seeds, Pulivendula in favour of the
Complainant, dt. 5-10-2012.
Ex. A2 Hybrid Sun flower seeds lable sun bread – 275 PR (Arena), brand manufactured
by Syngenta India Ltd., Pune.
Ex. A3 News published in Andhra Jyothi daily newspaper dt. 9-11-2012.
Ex. A4 Statement of VRO, dt. 12-11-2012.
Ex. A5 Representation of the complainant to the Joint Director of Agriculture
dt. 14-11-2012.
Ex. A6 Forwarding memo to the Asst. Director, Muddanur and copy to the Mandal
Agriculture officer, Thondur, dt. 14-11-2012.
Ex.A7 Report of Asst. Director of Agriculture, Muddanur, dt. 10-12-2012.
Ex. A8 Certificate issued by Mandal Agriculture Officer, Thondur.
Ex. A9 Attested copies of pattadar passbook of the complainant.
Ex. A10 Adangal Pahani of the complainant.
Ex. A11 Crop photo with receipt dt. 2-1-2013.
Exhibits marked for Opposite parties: - NIL
MEMBER PRESIDENT FAC
Copy to :-
1) Sri C.H. Jagadeswar, Advocate for complainant.
2) Sri Lakshmi Seeds, Rep. by its Proprietor Ramachandra Reddy, Father’s name not known, aged 60 years, Residing at D.No. 1-4-371-A, Upstairs, Pulivendula, Kadapa YSR District.
3) Syngenta India Ltd., Rep. by its Managing Director,
having its registered office at Amar Paradigm, S.No. 110/11/3, Baner Road, Pune – 411 045,
Maharastra State
B.V.P.
