Haryana

Fatehabad

CC/274/2022

Surender Kumar - Complainant(s)

Versus

Agri Business Center - Opp.Party(s)

Naresh Sharma

21 Sep 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHABAD.

 

                             Sh.Rajbir Singh, President.                                                   Smt.Harisha Mehta and Sh.K.S.Nirania, Members

                            

                                                              Complaint No: 274 of 2022.                                                                                                            Date of Instt.:  08.12.2022.

                                                              Date of Order: 21.09.2023.

 

Surender Kumar son of Om Parkash resident of village Nehla  Tehsil & District Fatehabad.    

                                                                   Complainant.

                             Versus

 

Agri Business Centre Shop No.11, Namdev Dharmshala, Sirsa Road, Hisar through Mahabir.

 

                                                          Opposite party.

 

Complaint U/s 35 of the Consumer Protection Act, 2019

 

Present:                 Sh.Naresh Sharma, counsel for the complainant.

                             OP exparte vide order dated 19.04.2023.   

 

ORDER

Sh.Rajbir Singh, President

 

1.                          The complainant has averred in his complaint  that he had purchased 10 KG paddy seeds PB-1509  from Op worth Rs.700/-  alongwith other seeds vide bill/invoice No.09986 dated 24.05.2022;  that thereafter the complainant prepared the plants of the seeds and further  sown the same in his 3 acre of land  by following all the instructions of Op qua using of DAP and pesticide etc.; that the complainant noticed that the standing cotton crop was not up to the expectations, therefore, he moved an application to Agriculture Department, Fatehabad whereupon  the inspection was carried out at the fields of the complainant on 28.09.2022  and the inspecting team  opined the loss upto 50% but in fact the complainant has suffered loss upto 62%; that as per the assurance of Op, the complainant had to get 80 quintal but he could not get the expected crop and it all happened due to providing of inferior quality as well as of mixed paddy seeds by Op;  that the complainant requested the Op to make the loss good but he did not pay any heed to his requests. Hence, this complaint.  

2.                          Notice was issued to the Op through registered post but none had appeared on behalf of the Op despite confirmation of delivery of the summons, therefore, it was proceeded against exparte vide order dated 19.04.2023.

3.                          The complainant in support of his complaint has placed on record his affidavit Ex.CW1/A  alongwith documents Ex.C1 and Ex.C4 and thereafter, evidence was closed.

4.                          We have heard learned counsel for the complainant and gone through the case file carefully.

5.                          It is established on case file that complainant had purchased the paddy seeds (1509) from OP vide invoice Annexure C1. According to the complainant, he could not get the expected crop as per assurance given by the Op at the time of selling the same.      The Inspection report Annexure C-3 was prepared after inspection of the field of the complainant and this document is most significant and material document for disposal of controversy involved in the complaint in hand as the complainant is mainly relying upon the same to prove his claim.  The Committee of the Agriculture Department, vide inspection report  Annexure C-3 has opined that at the spot only 30 % paddy crop of variety PB-1509 was standing  and rest 70 % crop was of another variety. It has been further opined that the 30 % paddy crop of variety  PB-1509 was ready to be harvested but the other 70 % was at early stage (milk stage) and the height of that variety is higher than the variety of PB-1509. The Committee also opined that there would be probable loss upto 50 % to the crop of the complainant. Perusal of this very report reveals that the Committee consisting of three officers and there is nothing on the case file to show that the said committee was having partial interest against any of the parties. Moreover, the members of the team of experts are officers of the Government have no interest involved in the matter.  Therefore, their report cannot be brushed aside. Since the pleadings and contentions put forth by the complainant remained unrebutted as the Op did not join the proceedings of the case and opted to remain exparte, therefore, we have no hitch to reach at a conclusion that the present complaint deserves acceptance.

6.                          Now coming to the point of compensation, the complainant has claimed that he has suffered a huge loss of Rs. 2,20,000/- on not getting the excepted cotton crop of 80 quintals from 3 acres because he has received only 31.5 quintals of paddy crop from 3 acres. During the course of arguments learned counsel for the complainant has produced J-Form in support of his pleadings. The relevant detail is as under:

DETAIL
Farmer	Father name	Village name	Purchaser	Commodity	Rate	Bags/boxes	Packing	Total Weight in  Quintals	Total ammout
Surender Kumar	Om Parkash		HAFED	Paddy	1960.00	84	37.5 Kg Jute	31,50000	61740

 

As per the report of Agriculture Department there would be loss of 50 % yield to the complainant in 3 acre of land. Therefore, we have no hitch to reach at the conclusion that the complainant had suffered loss upto 50 % in 3 acre of land.

7.                          Taking into consideration, all the aforesaid facts and circumstances, we reached at a conclusion that if the complainant had been able to receive full amount of crop in three acres then he might have received Rs.1,23,480/- (double of amount mentioned in J-Form).  As per the inspection report, the complainant has suffered 50 % loss in three acres of paddy crop.  Accordingly, the OP is directed to make a payment of Rs. 61740/- (50 % loss in 3 acres of land) alongwith interest at the rate of 6% per annum form the date of complaint till its realization.  The Op is further directed to make a payment of Rs. 11,000/- to the complainant as lump sum compensation on account of harassment, mental agony and litigation charges. This order be complied with within a period of 45 days from the date of receipt of copy of the order, failing which the rate of interest will be charged @ 9% per annum for the default period.  Copy of this order be supplied to the parties free of costs.  File be consigned to the record after due compliance.

8.                          In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. This order be also uploaded forthwith on website of this Commission, as per rules, for perusal of parties herein. File be consigned to the record room after due compliance.     

Announced in open Commission.                                                            Dated: 21.09.2023

 

                                                                                                        

      (K.S.Nirania)                 (Harisha Mehta)                (Rajbir Singh)                            Member                              Member                               President

 

Present:                 Sh.Naresh Sharma, counsel for the complainant.

                             OP exparte vide order dated 19.04.2023.   

 

                             Arguments concluded.  Vide separate order of even date; the present complaint is hereby allowed. File be consigned to the record room after due compliance.

 

Announced in open Commission                                                             Dated: 21.09.2023                               

 

 

                             Member                Member      President                                                                                           DCDRC,Fatehabad