Haryana

Sonipat

51/2014

BALWAN S/O RAMDIYA - Complainant(s)

Versus

1. HARYANA STATE ,2. MANAGINING DAIRECTOR HARYANA AGRO,3. HAIK AGRO MASROOM CENTRE - Opp.Party(s)

S.K. SHARMA

22 Jan 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

                                                      

                                    Complaint No.51 of 2014

                                    Instituted on:19.02.2014

                                    Date of order:13.05.2015

 

Balwan son of Ram Diya, resident of village Bajina, tehsil and distt. Bhiwani.

     …….Complainant

 

                   VERSUS

 

1.Haryana State through Collector, Sonepat.

2.Managing Director, Haryana Agro, Sector 4, 1520 Bays, Panchkula.

3.Manager/Incharge/Head of Instt. HAIC Agro Mushroom Centre, village Murthal, distt. Sonepat.

   ……Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. SK Sharma, Adv. for complainant.

           Sh. J.S. Rohila, Adv. for respondents.

 

BEFORE-   Nagender Singh, President.

          Smt. Prabha Wati, Member.

          D.V. Rathi, Member.

 

O R D E R

 

        Complainant has filed the present complaint against the respondents alleging therein that from HAIC Agro Murthal, the complainant has purchased Compost Seed casing Sand worth Rs.29470/- on 16.10.2012 vide bill no.7006. The complainant has used the same as per instructions of Ajay Singh Incharge, but despite this, there was no mushroom crop.  On complaint dated 22.12.2012,  Ajay Singh visited the spot and done the needful, but the same has also not brought any fruitful result.  The complainant has also made a complaint to other Higher Authorities, but of no use and the complainant has to suffer a loss of Rs.1,35,990/-  due to supply of substandard compost casing sand.  So, he has come to this Forum and has filed the present complaint.

2.       The respondents appeared and has filed the written statement denying the fact that there was no proper growth of mushroom spawn or any inferior quality of material was supplied to him by the respondent no.3.  Infact there was proper germination.  The mushroom spawn and casing soil and compost were of good quality which were supplied to the complainant.    The complainant never contained Ajay Singh again and again.  However, he had met him only once with his false oral complaint regarding germination of the mushroom spawn. On the application moved by the complainant, a team consisting of Ajay Singh, Dr Sandeep Bankhar Horticulture Development Officer, Bhiwani, one Technical Asstt. Jitendra Kumar and Ajay Singh himself visited the farm of the complainant on 3.1.2013  in the presence of the complainant and it was found at the spot that conditions of mushroom growth were not properly fulfilled by the complainant himself.  Temperature was below normal standard at the spot. Besides this excess casing was found at the spot.  The complainant has been found to use wrong pesticide i.e. Furadan on the growing mushrooms which ultimately damaged and inhibited mushroom growth further.  The thickness of soil was required 1½  inch at the spot on the bags.  While the complainant has thickened the soil upto 3 inches which resulted into unnecessary water logging at the spot, due to which, the mushroom fungus was also affected. The material like mushroom spawn, casing soil as well as compost of the same lot were already have been purchased from the respondent no.3 by many farmers, but none of them raised any objections.  The complainant has purchased 700 kg casing soil from HAIC Agro with 3810 kg compost.  The basic requirement of casing soil for compost is 25% of the weight of compost.  The complainant has purchased only 700 kg. casing soil against minimum requirement of 952 kg.(casing soil required:3810 kg compost x 25%=952 kg).  The complainant had mixed unpasteurized/unsterilized soil into it to make up the basic requirement and as a result, casing soil got infected with nematodes and thus, the complainant himself remained very negligent. The complainant has alleged false and baseless allegations and it seems that the complainant wants to extract money in the shape of compensation from the respondents, to which, he is absolutely not entitled to as there was no deficiency in service on the part of the respondents and thus, prayed for the dismissal of the present complaint.

3.       We have heard both the learned counsel for the parties at length and have also gone through the entire case file very carefully.

4.       Ld. Counsel for the complainant has submitted that due to supply of inferior and substandard quality of material, there was no proper growth of mushroom spawn and due to this, the complainant has to suffer a loss of Rs.135990/-.

         On the other hand, ld. Counsel for the respondents has submitted and denied that there was no proper growth of mushroom spawn or any inferior quality of material was supplied to him by the respondent no.3.  Infact there was proper germination.  The mushroom spawn and casing soil and compost were of good quality which were supplied to the complainant.    The complainant never contained Ajay Singh again and again.  However, he had met him only once with his false oral complaint regarding germination of the mushroom spawn. On the application moved by the complainant, a team consisting of Ajay Singh, Dr Sandeep Bankhar Horticulture Development Officer, Bhiwani, one Technical Asstt. Jitendra Kumar and Ajay Singh himself visited the farm of the complainant on 3.1.2013  in the presence of the complainant and it was found at the spot that conditions of mushroom growth were not properly fulfilled by the complainant himself.  Temperature was below normal standard at the spot. Besides this excess casing was found at the spot.  The complainant has been found to use wrong pesticide i.e. Furadan on the growing mushrooms which ultimately damaged and inhibited mushroom growth further.  The thickness of soil was required 1½  inch at the spot on the bags.  While the complainant has thickened the soil upto 3 inches which resulted into unnecessary water logging at the spot, due to which, the mushroom fungus was also affected. The material like mushroom spawn, casing soil as well as compost of the same lot were already have been purchased from the respondent no.3 by many farmers, but none of them raised any objections.  The complainant has purchased 700 kg casing soil from HAIC Agro with 3810 kg compost.  The basic requirement of casing soil for compost is 25% of the weight of compost.  The complainant has purchased only 700 kg. casing soil against minimum requirement of 952 kg.(casing soil required:3810 kg compost x 25%=952 kg).  The complainant had mixed unpasteurized/unsterilized soil into it to make up the basic requirement and as a result, casing soil got infected with nematodes and thus, the complainant himself remained very negligent. The complainant has alleged false and baseless allegations and it seems that the complainant wants to extract money in the shape of compensation from the respondents, to which, he is absolutely not entitled to as there was no deficiency in service on the part of the respondents and thus, prayed for the dismissal of the present complaint.

         We have perused the Report on the compost samples(Annexure 11/Ex.P17) and it is mentioned in this document that the compost samples were processed, the results of which are given as under:-

         “The compost sample of Balwan Singh son of Ramdia village Bazina, Tosham, distt. Bhiwani contained only a few Rhabditid nematodes which are not of any consequence to the mushroom growing”.

         From this report as well as from the contentions raised by the ld. Counsel for the respondents, it is established that there is no deficiency in service on the part of the respondents and the complainant himself is liable for his own acts and deeds.  For the lapses on the part of the complainant himself, the respondents cannot be held liable.  Since the complainant has failed to prove his case against the respondents, we have no hesitation in dismissing the present complaint and we order accordingly.

         The parties are left to bear their own costs.

        Certified copies of order be provided to the parties free of costs. File be consigned to the record-room.

 

 

(Prabha Devi-Member)    (D.V.Rathi)         (Nagender Singh-President)

DCDRF, Sonepat.      DCDRF, Sonepat.      DCDRF Sonepat.

 

Announced:13.05.2015