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good. Regarding the defect in germination and genetic purity it had to be intimated

within 7 days i.e the period required for germination and within 35 to 45 days i.e the

period required for flowering. As the yield was good, there was no complaint. The

respondents received a notice after 4 months. The reply notice was issued by the

respondents immediately. There was no complaint from others, who purchased the

same seed. The Mandal Agricultural Officer gave a list of farmers. The Mandal

Agricultural Officer had not alleged any defect of the seed. He visited after

completion of crop season. The certificate of the panchayat Secretary need not be

considered. The yielding of crop was on the basis of water, pest control, virus,

sudden climatic changes and manures. The complainant did not file the seed

analysis report. The certificates issued by the Agricultural officer and V.A.O, were

without any evidence of quality of seed. The seed purchased by the complainant was

not sufficient. There was no deficiency or negligence on the part of the respondents.

Thus the complaint may be dismissed with costs.

5. On the basis of the above pleadings the following points are settled for

determination.

i. Whether there is any negligence and deficiency of service on the

part of the respondents?

ii. Whether the complainant is entitled to the relief as prayed for?

iii. To what relief?

6. On behalf of the complainant Ex. A1 to A5 were marked and on behalf of

the respondents Ex. B1 to B4 were marked.

7. Point No. 1 & 2 The complainant purchased 24 Kgs of Black Gram LBG

645 variety seed under lot No. 164 @ Rs. 380/- per packet of 4Kgs. The quantity of

seed purchased by the complainant was 24 Kgs from R1 on 8-11-2006 for

Rs. 2,660/-. Ex. A1 was the bill issued by R1 in the name of G. Subbi Reddy. The

R2 was producer of Black Gram seed. The duration of the crop was 85 days. After

sowing the seed in November 2006 it was grown well in the land but it had no flowers

and pods. The petitioner spent Rs. 10,000/- per acre towards fertilizers, pesticides,

land preparation and weeding. The petitioner contended that he purchased seed

under wrong advice given by R1 that the crop in the month of November would grow

4

with good yield. Even, after taking all precautions there was no yield. The reasons

were the seed was defective and substandard. If the seed was not defective and good

seed the yield would be 10 to 15 quintals per acre. In the complaint at para – 6 it

was disclosed that the Asst. Director of Agriculture, Muddanoor and Panchayat

Secretary inspected the crop and gave their opinion. But either the opinion or the

report of the Asst. Director of Agriculture was not filed. The complainant filed Ex. A2

a copy of list of farmers grown Black Gram LBG 645 variety in Yamavaram village of

Muddanoor Mandal issued by Mandal Agriculture Officer, Muddanoor in which the

total extent with survey Nos. and purchase of seed with bill No. and date from R2 by

the complainant was mentioned. Ex. A3 was statement of Panchayat Secretary,

Yamavaram that the farmers shown in the list had raised Black Gram crop in their

lands. But there was no yield. In the statement Ex. A3 it was disclosed the names

of farmers and survey Nos. extent and quantity of seed purchased with bills Nos. and

dates. Ex. A3 was counter signed by Tashildar, Muddanoor as the Black Gram crop

did not give good yield. The complainant got issued a notice along with other farmers

to both the respondents to pay compensation. The office copy of the notice was Ex.

A4. Ex. A4 included the reply notice from both the respondents. Ex. A5 was Xerox

copy of pattadar passbook and adangal extract. When the complainant alone

purchased seed under Ex. A1 bill for 24 Kgs it was not known how Mandal

Agriculture Officer, Muddanoor and the Tahsildar, Muddanoor gave Ex. A2 & Ex. A3

that the complainant in C.C. 36/2009 namely G. Niranjan Reddy purchased the

same quantity of seed of 24 Kgs under the same bill Ex. A1 vide No. nil, dt. 8-11-

2006. So the Mandal Agriculture Officer and Tahsildar did not verify and inspect the

records but as a routine issued Ex. A2 and Ex. A3.

8. The respondents filed Ex. B1 and B2 the reply notice issued to the

complainant. The same were filed by the complainant along with office copy of the

notice as Ex. A4. The respondents filed Ex. B3 statement of some other farmers

with their pattadar passbooks in Xerox copies that the Black Gram seed LBG 645

variety gave good yield and hence, it was not a substandard seed. They filed Ex. B4 a

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Xerox copy of literature of Black Gram seed and various varieties of seed including

LBG 645. Under Ex. B4 the duration of the crop was 85 to 90 days and the yield per

acre would be around 8 to 10 quintals. In Ex. B4 the method of cultivation including

application of pesticides and fertilizers and quality of both of them and quantity of

seed required per acre in dry land during the month of October has been mentioned.

During Rabi season, the time for sowing was October for dry land and for wet land it

was November and the quantity of seed per acre in the dry land was 6.4 Kgs to 7.2

Kgs and in the wet land it was 16 Kgs. The land of the complainant was dry land

and so the crop should be raised in October and not during November and the

required seed was 6.4 Kgs to 7.2 Kgs per acre. But in the present case the Black

Gram LBG 645 variety was sown in November 2006 instead of October 2006 and for

the entire extent of land of the complainant, he had to sow 14 Kgs to 16 Ks but he

sowed only 13 Kgs out 24 K gs as shown in para – 7 of the complaint. So the

complainant raised the crop in his entire land with less quantity of seed 13 Kgs only

and hence, he did not get the required quantity of yield of 8 to 10 quintals per acre

mentioned in Ex. B4 literature. In addition to it was not mentioned anywhere in the

complaint about the quantity received by the complainant in previous years. He did

not file any scrap of paper regarding purchase of fertilizers, pesticides as shown in

Ex. B4. In its absence it is clear that the complainant did not apply any quantity of

fertilizers or pesticides to the crop. There was no calculation arrived for

Rs. 40,000/- towards compensation. As soon as the complainant had an idea that

there were no pods to the plant, he would have taken the report of the Asst. Director

of Agriculture about the stage of the crop and defects in the crop. He did not file the

report of Asst. Director of Agriculture. The respondents also did not file the analysis

report regarding the germination of the seed. There was no proper report from any

laboratory or an expert in agriculture. It could not be said that the seed in question

was defective as reported in 2009 CTJ 740 (CP) (NCDRC) Gyan Chandra Sharada Vs.

Prabhari Sachiv Kshetriya S adhan Sahkari Samiti and others. When the

complainant mentioned in para – 6 of the complaint that the Asst. Director of

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Agriculture and Panchayat Secretary inspected the crop, it was his duty to file their

report regarding the stage of crop and defects in not getting yield. The complainant

did not file atleast the empty packet of the seed to show when the seed was packed

and when the date would be expired and its lot Nos. The loss of crop was on various

factors like excess water, rains, climatic conditions and not using fertilizers and

pesticides as mentioned in the concerned literature and whether there was any

disease to the crop. In its absence they could not say that the Black Gram seed was

defective and substandard. The seed was defective was not proved by the

complainant through the Department of Agriculture. Hence, the points are answered

accordingly.

9. Point No. 3 In the result, the complaint is dismissed without costs.

Dictated to the Stenographer, transcribed by him, corrected and pronounced

by us in the open forum, this the 01

MEMBER MEMBER PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant NIL For Respondent : NIL

Exhibits marked for Complainant : -

Ex. A1 Cash / Credit bill issued by R1, dt. 8-11-2006.

Ex. A2 Copy of list issued by Mandal Agriculture Officer, Muddanoor, dt. 2-2-07.

Ex. A3 Copy of list issued by Tahsildar, Muddanoor Mandal, dt 21-4-2007.

Ex. A4 Office copy of legal notice from complainant’s advocate to respondents,

dt. 28-2-2007.

Ex. A5 X/c of pattadar passbook and adangal extract of the complainant.

Exhibits marked for Respondents: -

Ex. B1 X/c of reply notice from R2’s advocate to complainant’s advocate,

dt. 9-3-2007.

Ex. B2 X/c of reply notice from R1’s advocate to complainant’s advocate,

dt. 23-3-2007.

Ex. B3 X/c of statement of some ryots with X/c of pattadar passbooks,

dt. 19-3-2007 and 20-3-2007.

Ex. B4 X/c of literature i.e. cultivation of Black Gram seeds.

MEMBER MEMBER PRESIDENT

Copy to :-

1) Sri P. Sekhar Reddy, Advocate.

3) Sri K. Guru Murthy, Advocate.

1) Copy was made ready on :

2) Copy was dispatched on :

3) Copy of delivered to parties :

B.V.P. - - -