Haryana

Sonipat

04/2015

AZAD SINGH S/O NATHU RAM - Complainant(s)

Versus

1. INDIA SEEDS CORPORATION,2. EAST WEST SEEDS INDIA PVT. LTD. - Opp.Party(s)

AZAD SINGH

05 Jan 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

 

                                Complaint No.04 of 2015

                                Instituted on:05.01.2015

                                Date of order:02.07.2015

 

Azad Singh son of Nathu Ram, VPO Khizer PUr Ahir, tehsil Ganaur, distt. Sonepat.

                                           ...Complainant.

                        Versus

 

 

1.India Seeds Corporation 71, New Subzi Mandi, Panipat, Haryana.

2.East West Seeds India Pvt. Ltd. Gut No.66, Narayanpur (BK) Post Waluj TQ:Gangapur, distt.Aurangabad(MS).

                                           ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Parveen Kumar Dahiya Adv. for complainant.

           Sh. RD Sharma, 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 that he purchased 12 kg. Onion seeds Variety Prema from respondent no.1 worth Rs.34800/- on 28.10.2014.  But the growth from the seeds was very less.  As per inspection report received from Distt. Horticulture Officer, Sonepat, approximately 40% growth have been achieved from the seeds of Onion and in this way, the complainant has suffered the huge financial loss.  Three Acres land in the farm was left  vacant by the complainant for the purpose of farming of onion, but due to less growth of seeds, approximately 2½  acres land in the farm is lying vacant causing loss to the tune of Rs.2,50,000/-.  So, he has come to this Forum and has filed the present complaint.

2.        The respondents no.1 and 2 appeared and they filed their joint written statement submitting therein that the report of Distt. Horticulture Officer is not binding upon the respondents and the same is procured one.  If there is proper germination and growth of the plants, so it cannot be said that the seeds are of defective quality. The complainant has failed to prove that he has properly maintained the crop of Onion seed/plants. The complainant is not entitled for any relief and compensation and thus, prayed for the dismissal of the present complaint.

3.        We have heard the ld. Counsel for both the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        Ld. Counsel for the complainant has submitted that due to supply of inferior and substandard quality of Onion seeds, the complainant has to suffer unnecessary mental agony, harassment and huge financial loss.

          Ld. Counsel for the respondents have submitted that this Forum  has no jurisdiction to entertain, try and decide the present complaint.  Further the complainant has purchased the seed for commercial purposes. The  report of Distt. Horticulture Officer is not binding upon the respondents and the same is procured one.  If there is proper germination and growth of the plants, so it cannot be said that the seeds are of defective quality. The complainant has failed to prove that he has properly maintained the crop of Onion seed/plants. The complainant is not entitled for any relief and compensation.

          First of all, we hereby decide the question of jurisdiction as raised by the respondents.  In our view, this Forum has the jurisdiction to entertain, try and decide the present complaint since the complainant has sown the seeds in the land which is situated within the jurisdiction of distt. Sonepat. 

          Second objection of the respondents that the complainant has purchased the seed for commercial purposes is also not tenable in the eyes of law since the complainant is a farmer and he has purchased the seed in question for his livelihood.

          Third objection raised by the respondents is that the report of Distt. Horticulture Officer is not binding upon the respondents. The report issued by the Horticulture officer is not as per the circular issued by the Director of Agrl. And as per the said circular following members are necessary for inspection of the field if any complaint lodged by any farmer:-

1.Agrl. Development officer, ZP-Chairman,

2.Distt. Seeds Certificate Oofficer-Member,

3.Regional Manager, State Seed Corp.-Member.

4.Distt. Seed Officer, Hybrid Seed Production Officer-Member,

5.Co-opted from Agrl. Officer University-Member,

6.Quality Control Inspector-Member Secretary.

The respondents in support of this contention has placed on record the copy of letter Ex.R1.

          The respondents further submitted that if there is no proper germination or proper growth of the plants, then the yields depend not only on the seeds but also on the other facts like:-

a)Agricultural operation-weeding, earthing up,

b)Proper fertilization,

c)Disease and pest control,

d)Climatic and seasonal condition,

e)Irrigation management.

 

          In our view, it is not the duty of the complainant to summon the manufacturer or other Scientist as described in the letter Ex.R1.  It is the prime duty of the local officers to take up the matter with the manufacturer or the officers of their fields to find out the real facts regarding proper germination of seed etc.

          We have perused the report of Distt. Horticulture Officer, Sonepat very carefully and in this report, it is specifically mentioned that approximately 40% growth have been achieved from the seeds of Onion and this report Ex.C3 speaks against the contents as mentioned by the respondents at page no.3 of the affidavit. There is no rebuttal to this report from the side of the respondents and we have no hesitation to accept the pleadings of the complainant. We have perused the copy of jamabandi and khasra girdawari very carfully. As per the complainant, 2½ acres agriculture land remain vacant and due to this, he has suffered a huge loss to the tune of Rs.2,50,000/-.

          In our view, the complainant has claimed the amount on a very higher side.  However, Rs.25,000/- (Rs.twenty five thousands) per acre would be an adequate compensation to be granted to the complainant.  Accordingly, we hereby direct the respondents to pay Rs.62500/- i.e. Rs.25,000/- (Rs.twenty five thousands) for 2½ acres of land which remain vacant due to deficient services rendered by the respondents and also due to supply of poor quality of onion seed to the complainant. Since the complainant has been able to prove the deficiency in service on the part of the respondents, the respondents are further directed to pay Rs.5000/- for rendering deficient service, for causing unnecessary mental agony, harassment and under the head of litigation expenses.  The respondents are further directed to pay a sum of Rs.1000/- under the head of litigation expenses.  The respondents are further directed to make the compliance of this order within one month from the date of passing of this order, failing which the amount of Rs.62500/- shall fetch interest at the rate of 09% per annum from the date of filing of the present complaint till its realization.

          In the present case, the complainant has purchased the seed worth Rs.34800/- and out of which, he has used the seed for only Rs.9800/- which was of poor & inferior quality and due to this, there was poor germination of onion crop.  So, in our view, the complainant is also entitled to get refund of the seed price from the respondents to the tune of Rs.25000/- and thus, we hereby direct the respondents to make the payment of Rs.25000/-(Rs.twenty five thousands) to the complainant also.

          With these observations, findings and directions, the present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of cost.

File be consigned to the record-room.

 

 

(Prabha Wati Member) (DV Rathi Member)     (Nagender Singh-President)

DCDRF, Sonepat.      DCDRF Sonepat         DCDRF, Sonepat.

 

Announced:  02.07.2015