st July 2009 C.C. No. 35 of 2009 C.C. No. 35 of 2009

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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 16 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. 28/2009 namely M. Ramakrishnaiah, purchased the

same quantity of seed of 16 Kgs under the same bill Ex. A1 vide No. 394, dt. 2-11-

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

CONSUMER COMPLAINT No. 35 / 2009

K. Pedda Dasthagiri, S/o Nadipi Hussen @ Dasthagiri,

aged about 40 years, Residing at Yamavaram Village,

Muddanur Mandal, Kadapa District. ….. Complainant.

Vs.

1) Bruhadeswara Fertiliser’s Oil Cake Fertilizer Merchants,

9/532, Mydukur Road, Proddatur town.

2) M/s Sri Lakshmi Seeds Corporation, D.No. 54-B-35,

Plot No. 30, J.Auto Nagar, Vijayawada. ….. Respondents.

This complaint coming on this day for final hearing on 22-6-2009 in the

presence of Sri P. Sekhar Reddy, Advocate for complainant and Sri K. Guru Murthy,

Advocate for respondents and upon perusing the material papers on record, the

Forum made the following:-

O R D E R

(Per Sri P.V. Nageswara Rao, President),

1. Complaint filed under section 12 of the Consumer Protection Act 1986.

2. The brief facts of the complaint is as follows:- The petitioner sowed Black

gram seed in November 2006 purchased from R1 produced by R2. The duration of

the crop was 85 days and the growth of crop was good. But it had no flowers and

pods. The petitioner followed all precautions and spent Rs. 10,000/- per acre

towards cultivation expenses, fertilizers, pesticides and weeding and seed cost for his

lands of Ac. 2.57 cents in survey No. 257. The R1 gave a wrong direction to the

petitioner that the variety of seed would grow in November. Thus the petitioner

purchased the seed and crop was grown in November. The seed was defective and

substandard for germination. If the seed was perfect and the respondents gave

proper directions the petitioner would get 10 to 15 quintals yield per acre. Due to

supply of substandard seed the petitioner had a loss of Rs. 45,000/- per acre. The

petitioner represented to the Asst. Director of Agriculture, Muddanoor and Panchayat

Secretary of the village. They inspected the crop and gave their opinion. The

petitioner at last got issued a notice to the respondents and they sent a reply. The

seed purchased by the petitioner was 16 Kgs on 1-11-2006 under bill No. nil from R1

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but used 9 Kgs. out of 16 Kgs. Therefore, the complaint was filed for Rs. 60,000/-

per acre and Rs. 5,000/- towards cultivation charges totaling Rs. 65,000/- and

Rs. 5,000/- towards deficiency of service and Rs. 10,000/- towards costs.

3. The respondents filed a counter that the petitioner purchased seed from

R1 and selling to the farmers. The petitioner admitted that he was selling Black

Gram seed to the farmers doing business. So the petitioner was not a consumer.

The petitioner had not purchased the seed on 01-11-2006 from R1. The minimum

seed required per one acre was 8 Kgs. It was mentioned in Agricultural Panchangam

2005-06 at page 57 to 59 published by Acharya N.G. Ranga Agriculture University,

Hyderabad.

4. The complainant cultivated Ac. 2.20 cents t o which he required more

Black Gram seed. He had no basic knowledge of cultivation of Black Gram. One

could not expect a minimum yield when the required quantity of seed was not used

for sowing. So Rs. 10,000/- per acre towards cultivation was not correct. The

required expenditure for cultivation per acre was Rs. 1,660/-. The crop was not a

main crop but an intermediary crop. The period of crop was 85 days. The flowering

would start from 35 to 45 days. The yield would be 2 to 5 quintals depending upon

various factors. Normally the average rate per quintal would be Rs. 2,500/- and it

would vary from Rs. 2,000/- to Rs. 3,000/-. It was not correct that the R1 gave a

wrong direction that the crop would be good in the month of November. It was not

correct that the seed supplied by R2 to R1 was defective and substandard. The

respondents came to know that the complainant got good yield and sold in the

market at Proddatur. The respondents had no knowledge about representation to the

Asst. Director of Agriculture and Panchayat Secretary and they inspected the land

and crop growth and issuing of the opinion. The respondents were never intimated

by Agriculture Department. During the crop season the complainant did not make

any allegations against the respondents and the crop growth was good. There were

no allegations about variety of the crop. The germination and genetic purity were

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

C.C. No. 35 of 2009

DISTRICT FORUM :: KADAPA

PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT

SMT. B. DURGA KUMARI, B.A., B.L., MEMBER

SRI S.A. KHADER BASHA, B.Sc., MEMBER.

Wednesday, 01

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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. He sold 4 kgs seed to Khader Hussain of Neelapur. 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 16 Kgs of Black Gram LBG

645 variety seed under lot No. 157 @ Rs. 390/- per packet of 4Kgs. The quantity of

seed purchased by the complainant was 16 Kgs from R1 on 2-11-2006 for

Rs. 1,560/-. Ex. A1 was the bill No. 394 issued by R1. 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 with good yield.