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| Complaint Case No. CC/130/2002 |
| | | | 1. M. Gurrappa, S/o Simon | | Chabolu Village, Nandyal Mandal, Kurnool District | | Kurnool | | Andhra Pradesh | | 2. 2. M. Yesurathnam S/o Jhon | | Chabolu Village, Nandyal Mandal, Kurnool District | | Kurnool | | Andhra Pradesh | | 3. 3. K.Swami Dasu, S/o Daniel | | Chabolu Village, Nandyal Mandal, Kurnool District | | Kurnool | | Andhra Pradesh | | 4. 4. M.Chittibabu | | Chabolu Village, Nandyal Mandal, Kurnool District | | Kurnool | | Andhra Pradesh | | 5. 5. K.Prabhakar, S/o Devadasu | | Chabolu Village, Nandyal Mandal, Kurnool District | | Kurnool | | Andhra Pradesh | | 6. S. Devasahayam, S/o Bala Subbanna | | Chabolu Village, Nandyal Mandal, Kurnool District | | Kurnool | | Andhra Pradesh |
| ...........Complainant(s) | |
| Versus | | 1. 1. S. Hima Sai Seeds and pesticides | | Room No.8, Benny Complex, Noone Palli, Nandyal, Kurnool | | Kurnool | | Andhra Pradesh | | 2. 2. Tirumala Seeds | | 487 A-3A, Opp: Raghunath Theatre, Ragavendra Nagar, Kurnool | | Kurnool | | Andhra Pradesh |
| ............Opp.Party(s) |
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| BEFORE: | | | | HON'BLE MR. Sri.K.V.H. Prasad, B.A., LL.B PRESIDENT | | | HON'BLE MR. Sri R.Ramachandra Reddy, B.Com., LL.B., MEMBER | | | HON'BLE MRS. Smt.C.Preethi, M.A., L.L.B., MEMBER | |
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| For the Complainant: | Inperson, Advocate | | For the Opp. Party: | N. Nagendranath Reddy, Advocate | | | G. Naga Sheshaiah, Advocate | |
| ORDER | - This consumer Dispute case of the complainant and five others is under Sec. 11 and 12 of the C.P.Act 1986 for a direction to the opposite party to pay them each Rs.30,000/- towards loss of crop damage, Rs.10,000/- towards mental agony and legal expenses.
- The brief facts of the complainants case as per their invalid complaint which is warranting the due verification of the contents by the complainants are that they purchased paddy seed variety Kavya seed from the opposite party No.1 of Tirumala seeds company i.e, opposite party No.2 and sowed the same in their lands of Chabolu Village as per the instructions given by the opposite parties by investing Rs.10,000/- each for application of Fertilizers pesticides and towards cultivation and manures etc., as per the advice of the Agriculture officer. As the climate was good and favorable. The germination was as per the specifications and when the crop was gone to the seed stage the crop was infected with blast and sheath blight so severely that drying of the leaves. They suspected that the seeds supplied was defective and was genetically pure and complained about the same to the opposite parties, but the opposite parties never cared for the above said facts and after wards the mandl agriculture officer. Nandyal was inspected the said lands. The complainant further alleged that the opposite parties advertised that the seed distributed by them was of high quality and would give a high yield and thus the opposite parties mi-led by the said publicity. In furtherness of it they purchased the seed and due to entire crop damage they sustained loss of Rs.30,000/- each and it was due to defective supply of the seed and the complainants are constrained to resort this forum for redressal.
- The complainant enclosed to the complainant as un attested Xerox copy of the adangal pertaining of Sri Mala Gurrapa S/o Simon was one of the complainant of the C.D. and not filed any bills or any of the sworn affidavits of it in support of and in proof of the above Xerox copy of the document has no relevance in what so ever to their case and mere filling of such document does not dispense with their proof and the said document is not marked exhibits
- In pursuance of the receipt of the notice of this case from this forum the opposite parties contested the case by filling the affidavits and written versions in defense to the complaint the affidavits and written versions in defense to the complaint averments. In the above given versions of the opposite parties questioned the justness and maintainability of the complainants case in law and facts require the strict proof of the complainants and allegations and in the averments of the written version the opposite parties admitted that the complainants purchased the paddy seed of WGL 48684 variety. The opposite party No.1 sold the said seed to the complainants produced by the opposite party No.2 under the different lots and expirty of the validity of the seed was also mentioned therein. The seed produced by the opposite party No.2 were covered by the certificate of the certification party No.2 were covered by the certificate of the certification agency as required by sec.9 of the seeds Act confirming that the seeds covered by this lots confirmed the prescribed standers which were not lower than the minimum limits of germination and the purity prescribed by the central government under Sec.6 of the seeds Act. The opposite party No.1 files with his objection statement the Xerox copies of Form-II issued by the A.P.State seed certification as Agency and lab report of MOU Committee issued by the District MOU Committee, Kurnool dt.22.1.2002 bill No.5674568 dt.9.10.2001 issued by opposite party No.1. The said documents could not be marked as Exhibits for want of their attestation as true copies even through supported by the sworn affidavit of the opposite party No.1 further the opposite party No.1 states that he was not aware whether the complainants prepare their lands and sown the said seed in their lands and the opposite party No.1 never gave any instruction to the complainants regarding sowing and the application of Fertilizers and Pesticides and not aware of the any advise given by the Agricultural officer and also denies about the investment of Rs.10,000/- each towards cultivation charges, Fertilizers manures etc., per acer and the allegation that the climate was good and favourable was also denies and the complaint about the defective nature of seeds was never made to the opposite parties.
- In response to the complaint received on crop damage of WGL 48694 paddy variety fro the farmers of the Chabolu Babanagar villages to the members of the Kurnool District MOU, they visited the fields on 22.1.2002 to ascertain the crop condition by that time the crop was 60 to 80 days old and according to the MOU the crop was infected with blast and sheath blight so severally that drying of the leaves was also noticed and they were of the view that as a result of discriminate use of fertilizers the incidents of blast sheath blight agrevated and in their view the crop losses were not due to gentic impurity of the seed but only due to the selection of wrong variety and unfavorable environmental and management practices adopted by the cultivators, the opposite party No.1 relied on the unattested copy of the above said report was filed with the objection statement as already mentioned in supra and the opposite party No.1 further submitted that he never advertised about the high quality and yield since their quality and the yield were proper.
- The opposite party No.2 re-iterates what the opposite party No.1 said in his sworn affidavit written version averments and relied on them.
- Hence the point for consideration is whether the complainant and five others are entitled to the reliefs prayed for.
- The complaint itself in an invalid one for want of verification its contents by the complainants and hence the very complaint is not remaining a valid complaint for entertaining further the said invalid complaint of the complainants except alleging the defective seed was supplied to them by the opposite parties ensued the loss of the crop did not substantiate them by any co-gent accessible evidence except filling an un-attested Xerox document which is not supported with any sworn affidavit of persons acquainted with the said facts nor the complainants paid any deligent interest in prosecuting the matter as they remained absent to the proceedings continuously since the matter as they remained absent to the proceedings continuously since the matter ripen for hearing. As the opposite parties denied the allegation of the complaint in their duly verified sworn affidavits and written versions filed requiring their strict proof of the complainants. The complainants are obligated to prove their contentions strictly by co-gent means and material. As the complainants never care for that and made such Endeavour to discharge the said obligation by adducing any cogent material in support of their claim such as any report of the mandal Agricultural officer or the affidavit of the said officer as to the observation of the fields of the complainants suggesting any consequences of the defectiveness in the seed the complainants remains not proved or not proved of its contentions as to warrant them to any of the reliefs prayed. Especially when the duly verified sworn affidavits and written versions of the opposite parties denied the allegation of the complainants and placed Ex B1 for reliance against the complainants.
- Further when the complainants alleges the defects in the seeds supplied have to resort to the procedure laid down in 13(1) (C) of the C.P.Act, 1986 by sending through the forum the samples of the said seeds for analysis report to an appropriate laboratory as the forums are bound to determined the facts of the defectiveness in goods on the basis of clear evidence by way of expert opinion as per the decisions of the National Commission is Sabind Cycle Emporium chenna khada V/S Thaji Rafi M.R.Panchvella vedor Ezhone reported in 1992 (1) C.P.J. 1997. But no such endeavour appears to have been made by the complainants and hence there appears every reasonable doubt as to the alleged defect in the said seeds.
- When all the seeds so purchased even if was used up and there nothing available from the farmers which could be sent to the analysis as per the discussion made in Maharastra Hybrid seeds Co. Ltd., V/s Annapureddy Vijendra Reddy and another reported in III (2002) CPJ 283. Such farmers to lodge a complaint under Sec.23 seeds Act, 1968 in writing that the failure of the crop is due to defective quality of the seeds of any notified kind of variety supplied to them, the seed Inspector shall take into his possession marks or lables the seeds containers and sample of the un-used seeds to the extent possible from the complainants for establishing the source of the supply of the seeds and shall investigate the cause of the failure of the said crop by sending samples of the lot to the said analysis for the detailed analysis at state seed testing laboratory and submits his report as to the findings as soon as possible to the competent authority and in case seed inspector comes to the conclusion that the failure of the crop was due to the quality of the seed supplied to the farmers being less than minimum standards notified by the Central Government, he shall launch the proceedings against the supplier for the contravention of the provisions of the Act and its rules. But as no such Endeavour even appears on the side of the complainants, hence their appears every bonafides doubt on the alleged defectiveness to the seed purchased by the complainants.
- Hence in the set of circumstance the complainants are remaining utterly failed in establishing by any cogent means and material as to the alleged defect in the seeds in question and of the incurred expenditure if any of them by any co-gent material or affirmation and there by not made themselves entitled to the reliefs that could be awarded under Sec.14 of the C.P.Act, 1986
- Consequently the case of the complainants as is remaining of devoid of merits and force is dismissed, and in the circumstance of the case each of the practices to bear their own costs.
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| | | [HON'BLE MR. Sri.K.V.H. Prasad, B.A., LL.B] | PRESIDENT
| | | | [HON'BLE MR. Sri R.Ramachandra Reddy, B.Com., LL.B.,] | MEMBER
| | | | [HON'BLE MRS. Smt.C.Preethi, M.A., L.L.B.,] | MEMBER
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