PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.68/2021

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Dukhabandhu Naik,

S/o- Late Purna Chandra Naik,

R/o- Jamankira, PO/PS-Jamankira,

Dist-Sambalpur.                                                            ...………..Complainant

                                                Versus

1. Sahabhagi Vikash Abhiyan,

At- Plot No. 3816, PO-Ghatikia, Bhubaneswar 751003

Represented Through its program Officer Pabitra Kumar Pattanaik

At-Plot No. 3816, Post Box No. 65, Bhubaneswar

GPO, 751001.        

2. Pabitra Kumar Pattnaik, Program Officer,

Sahabhagi Vikash Abhiyan,

At-Plot No 3816, Post Box No. 65

Bhubaneswar GPO, 751001.

3. Ranjit Bagh, aged about 48 years

S/O- Late Sashi Bagh,

Occupation-Agent, Advisor and Business,

R/O- At/Po- Chinamahul,

Jamenkira, Ps-Jamenkira, Dist-Sambalpur      …………...Opp.Parties

Counsels:-

1. For the Complainant                   :-         Sri. P.K.Pradhan, Advocate & Associates
2. For the O.P.s                                 :-         Sri. A.K.Mahapatra, Advocate & Associates

Date of Filing:29.11.2021,Date of Hearing :08.05.2023,Date of Judgement : 05.06.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is a cultivator and taken land from different land owners on rent basis. The O.P. No.1 is the seeds company, O.P. No.2 is the program officer of O.P. No.1 and O.P. No.3 is the agent. The O.Ps are working for Deogdhar Farmers product Company Ltd. The O.Ps assured higher yield, demonstrated leaflets and in case of loss assured to compensate. The Complainant purchased 35 Kgs Til Oil from the O.Ps, the O.P. No.2 granted receipt dated 30.11.2019. Before cultivation the O.Ps also tested the soil and as per their technical support the Complainant invested huge amount. When the seeds not germinated well the O.Ps were informed. O.P. No.2 & 3 visited the land and there after did not turn up. The Complainant contacted the expert who opined that the seed are of low quality.

The Complainant sustained loss of Rs. 3.00lakhs i.e. Rs. 8000/- per quintal yield for AC 10.00 land. For defective goods the Complainant sustained loss, failed to provide service and unfair trade practice.

2. The O.Ps in their version submitted that Sahabhagi Vikash Abhiyan is a voluntary organisation registered under the Societies Registration Act, 1860. Deodhar Farmer producer Company is a regd. Company under the companies Act, 1956 and with financial support of NABARD support the local farmers. During Khariff 2019 has given good result and at present also using the same for higher yield. Due to late sowing and negligence of the Complainant he might not have got good result. No any complaint about failure of crop. The O.Ps had visited land of the Complainant and found that no any proper agronomic practice has been followed. Only one acre land has been cultivated by the Complainant. During visit the germination was good but in subsequent visit it was found that the Complainant has not taken proper care of the crop. The Complainant is not a good farmer for which company has not taken him as a member or share holder. After expiry of two years case has been filed.
3. The Complainant has only filed a hand receipt dated 30.11.2019 issued by O.P. No.3 for Sahabhagi Vikash Abhiyan and Deodhar farms produces ltd. For 35 Kgs seeds the Complainant has paid Rs. 135/-x 35=Rs. 4725/- to the O.Ps.

The O.Ps have not filed any document.

4. After perusal of the complaint, version and documents it is observed that the Deodhar farms producer company Ltd. has not been made a party. It is the duty of the O.Ps to advise the farmers and supply high yielding seeds. The O.Ps provide training and capacity building of farmers and provide collecting marketing to get higher price.

The O.Ps not filed any documents that during khariff 2019 the seed supplied to other farmers gave good results. Further while visiting the field of the Complainant the report has not been submitted. It amounts to deficiency in service. For lack of proper guidance the Complainant sustained loss. The Complainant has not filed any documents to show that he has cultivated 10 acres of land.

With above observation the following order is passed:

ORDER

The complaint is allowed partly against the O.Ps. The O.Ps are deficient in their service for which the Complainant sustained loss of germination of seeds. Accordingly, the O.Ps are directed to refund Rs. 4725/- to the complainant and compensation of Rs. 50,000/- and litigation expenses of RS. 5000/- within one month of this order. In case of non-payment the O.Ps shall be liable to pay 9% interest P.A. w.e.f. 30.11.2019.

Order pronounced in the open Court on this 5^th day of June 2023.

Supply free copies to the parties.