Date of filing: 16.07.2013
Date of disposal: 26.06.2014
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANANTAPUR.
PRESENT: - Sri S.Niranjan Babu, B.A., B.L., President (FAC)
Smt. M.Sreelatha, B.A.,B.L., Lady Member
Thursday, the 26th day of June, 2014
C.C.No.114/2013
Between:
1. Y.Tharaka Rama Naidu,
S/o Y.Subba Ramappa,
H.No.3-432-3, Upstairs,
Prasanthi Nagar, 2nd Cross,
Near Thapovanam,
Ananthapuramu.
2. Y.Venkata Ramanamma,
W/o Y.Subba Ramappa,
H.No.3-432-3, Upstairs,
Prasanthi Nagar, 2nd Cross,
Near Thapovanam,
Ananthapuramu. … Complainants
Vs.
1. Agri Vitro Tech Laboratories,
Rep. by its Proprietor,
Plot No.189, Bagyalakshmi Colony,
Subash Nagar, Jeedimetle,
Secunderabad – 500 055.
2. Agri Vitro Tech Laboratories,
Rep. by its Authorized Officer,
H.No.6-3-262, Cresent School Back Side,
Ram Nagar Extension,
Ananthapuramu. … Opposite Parties
This case coming on this day for final hearing before us in the presence of Sri R.Ram Kumar and Sri K.V.Ramana Reddy and K.Nagaraju, Advocates for the complainants and Sri S.Gopi, Advocate for the Opposite Parties 1 & 2 and after perusing the material papers on record and after hearing the arguments of both sides, the Forum delivered the following:
O R D E R
Smt. M.Sreelatha, Lady Member: - This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the opposite parties 1 & 2 claiming a sum of Rs.31,500/- towards supply of inferior Banana Saping, Rs.70,000/- towards damages and Rs.10,000/- towards mental agony.
2. The brief facts of the complaint are that: - This complaint filed by the complainants stating that both the complainants are living by doing cultivation in Alamuru Village. The 2nd opposite party is the authorized dealer of 1st opposite party. The 2nd opposite party approached the complainants and explained about the Banana crop inspiring the words of the 2nd opposite party the complainants approached the 2nd opposite party and taken 10,500 Banana Saplings in the name of both complainants. Later the complainants made his land fertile and laid a drip wire for supply of water to the said plants in S.Y. No.344/2 for Ac.4.00 cent and in Sy.No.350 Ac.4.75 cents. The complainants stated that they have paid an amount of Rs.63,000/- for purchasing the Banana Saplings. The opposite parties supplied the Banana Saplings on 08.04.2013. The complainants planted the said Banana Saplings in their land. Later the complainants came to know that the Banana Saplings supplied by the 2nd opposite party inferior quality and more than 5000 Banana Saplings are not developed properly. The Banana Saplings are not growing like other Saplings and look like a week. Then the complainants requested the opposite parties through phone on several times to visit the field and give proper advice, if any for replacement of the inferior Saplings which was supplied by the opposite parties, but the opposite parties have not taken any steps. The 2nd opposite party saying that conveyed the information to 1st opposite party and receive the information from the 1st opposite party they will conveyed the same to the complainants. But the opposite parties have not informed anything to the complainants. Then the complainants got issued legal notice on 27.05.2013 for replacement of inferior Banana Saplings though the notice was served they have no reply for the above said legal notice. Hence the opposite parties supplied inferior Banana Saplings due to it the complainants spend loss of Rs.35,000/- to get his land fertile and he also to took loss of Rs.70,000/- towards damages and also an amount of Rs.10,000/- towards mental agony. Hence this complaint for the supply of inferior of Banana Saplings by the opposite parties.
3. Counsel for the 1st opposite party filed counter denying the allegations of the complainants and admitting some of the facts like supply of Banana Sapling to the complainants and issuing of invoice for the amount paid by the complainants and the date of purchase of Saplings is also not dispute by the opposite parties. The opposite parties submitted that there is no deficiency of service on the part of the opposite parties and this Forum has no jurisdiction to entertain the present complaint. As the Registered Office of the opposite parties is situated at Secunderabad and it is within the territorial jurisdiction of the District Consumer Redressal Forum of Hyderabad and this Forum has no jurisdiction to entertain the present complaint. The opposite parties also submitted that the opposite parties has track record of 7 years and also good reputation since its inception and has set up with its network in all most all states of India. The opposite parties had produced 1.2 Million (Twelve Lakhs) tissue culture plants in 2006-07 and it has crossed the 10 million (One Crore) plants yearly production in 2011 -2012. The opposite parties have become the most reliable and best performing company in all states of India. It contributes maximum supply of Tissue Culture Plants Banana Plants to the Governments of Tamil Nadu, Karnataka, Andra Pradesh, Madhya Pradesh, Uttar Pradesh and they support multinational and other companies with technology and material in India like Reliance India Science Limited, Godrej Agrovet Limited, Cadila Pharmaceuticals Limited, KF Bitotech Limited, Sheel Biotech Limited, Hindustan Biotech, Sai Lara Biotech, S& S Biotech. The opposite parties started with 8 number of employees in 2006 and now they are accommodating more than 500 people directly and indirectly. This information is mentioned how the reputation of the opposite parties company is established and due to vexatious litigation of the complainants how it will be damaged and for this the opposite parties are entitled to claim compensation and claiming the damages of Rs.10,00,000/- for making false allegations by the complainants. The opposite parties submitted that remaining contents is denied and the opposite parties also given proper reply to the notice issued on behalf of the complainants. More over the opposite parties offered 10,000 Banana Saplings on free of costs apart from 5% Banana Saplings given at the time of purchase of the complainants on humanitarian grounds. But the complainants had chosen to file the present complaint. The opposite parties also submitted that the complainants made a representation on 23.05.2013 requesting the opposite parties for replacing 50% Banana Sapling out of 10,500 which were allegedly damaged, the opposite parties sent their Manager to the field on 24.05.2013 and the said Manager reported to the observations saying that plant material supplied to the farmer on 08.04.2013 and the plantation of Banana Saplings has been taken place 40 days prior to their visit and proper care was not taken by the complainants due to heavy rise in temperature, it is opined that the watering has been taken place in hot sun resulting in damage of few plants. The report also reveal that due to adequate knowledge of Banana cultivation and due to improper management of the farmer some of the plants could not sustain. The opposite parties also submitted that due to dissatisfied with the report of field visit approached the District Collector on 03.06.2013 and had given a representation for visiting Horticulture Department Officials basing on the representation by the complainants the officials of Horticulture has written a letter for calling explanation from the opposite parties on 11.06.2013 for which the opposite parties send reply on 02.07.2013 to the Horticulture Officer conveying all the facts. The officials are well aware of the real facts and hence they did not take any further action. The complainants approached this Hon’ble Forum with unclean hands to have a wrongful gain. The opposite parties also submitted that they have also send their staff to visit the fields of other farmers namely 1. B.Ramachandraiah 2) R.Ramakrishnaiah of same village, who purchased the Banana Saplings along with complainants vide same Chelan dt.08.04.2013 and the above said two farmers have expressed their satisfaction with regard to Banana plants supplied by the opposite parties. The opposite parties also submitted that at no point of time no body fingered at opposite parties for supply of interior quality/defective saplings till today. Due to the negligence of the complainants it seems some of the banana saplings not grown up, it is purely due to not taking proper care while and after plantation. The opposite parties also submitted that nobody will supply such plants which will grow without care and management. Moreover the Banana plants need much care and management. There is no fault on the part of the opposite parties the claim of the complainant is not legal and the opposite parties are entitled for damages. The opposite parties also claiming Rs.10,00,000/- from the complainants as the complainants filed the present complaint false allegations and the reputation of the opposite parties and the opposite parties also the complainants have filed I.A.No.232/2013 Assistant Director of Horticulture-I, Ananthapuramu to inspect the land of the complainants in this regard no notice has been issued neither to this opposite parties nor to their counsel. Hence this petition is null and void. Hence, prayed this Forum to dismiss the complaint with exemplary costs.
4. The 2nd opposite party filed a memo adopting the counter of 1st opposite party.
5. Basing on the above pleadings, the following points that arise for consideration are:-
- Whether the Banana Saplings supplied by the opposite parties are inferior?
- Whether the complainant is entitled the compensation?
- To what relief?
6. In order to prove the case of the complainants, the complainants have filed his evidence on affidavit and marked Exs.A1 to A7 documents. On behalf of the 1st opposite party, the 1st opposite party filed evidence on affidavit and marked Ex.B1 to B7.
7. Heard both sides
8. POINT NO1:- The counsel for the complainants argued that both the complainants and some other farmers purchased the Banana Saplings from the 2nd opposite party on 08.04.2013 the complainant purchased 10,500 Banana Saplings for Rs.63,000/- the complainants laid fertile of their land and laid drip wire for supply of water and immediately the complainants planted the said Banana Saplings in their land. After sometime the complainants notice that more than 5000 Banana Saplings are not grown properly and its look like weak plants. Then the complainants approached the 2nd opposite party through phone and requested to supply 5000 Banana Saplings which were inferior quality but the opposite parties have not taken any care about the requests of the complainants. Then the complainants got issued legal notice on 27.05.2013 to the opposite parties for replacement of inferior Banana Saplings. But the opposite parties have not given any reply to the notice of the complainants. Then the complainants made representation to the District Collector Ananthapuramu on 03.06.2013 requesting to replace the inferior quality of Banana Saplings supplied by the opposite parties, for this also the opposite parties have not properly responded. Hence this complainants are forced to file the present complaint for compensation.
9. The counsel for the complainants argued that to prove case of complainants they have filed the evidence on affidavit of PW2 & PW3 who purchased the Banana Saplings from opposite parties. The counsel for the complainants also argued that the documents filed by the opposite parties are not reliable. As the opposite parties never visited the field of the complainants as stated by them in their counter. Hence, the complainants are entitled the claim made by them for supply of inferior Banana Saplings by the opposite parties.
10. The counsel for the opposite parties filed written arguments stating that both the complainants purchased the Banana Saplings from the 2nd opposite party on 08.04.2013. The opposite parties counsel argued that the complainants made written representation on 23.05.2013 under Ex.B1 requesting the 1st opposite party for replacement of 50% Banana Saplings out of 10,500 which were allegedly damaged. The opposite parties argued that immediately they send the manager on 24.05.2013 to the field of the complainants and the said manager observed that the farmer has not taken proper care due to improper management of the farmers some of the plants could not sustain and it is also due to heavy rise in temperature the watering has been taken place in hot sun resulting in damage of few plants. The opposite parties also argued that when the complainants made a complaint to the District Collector requesting the Horticulture Officer to visit the field of the complainants they gave proper reply to the Horticulture officer on 02.07.2013. The counsel for opposite parties also argued that the officers also taken opinion of the farmers who has purchased the Banana Saplings along with the complainants under the same chalan and they expressed their satisfaction about the quality of Banana Saplings. The counsel for opposite parties argued that this clearly shows that the opposite parties company used to supply good quality of Banana Saplings to the farmers. The counsel for opposite parties also argued that the complainants are residing away from their lands due to it they could not take proper care and the damaged was caused to the improper management. The opposite parties counsel argued that the company has got good reputation fast record of 7 years and I.S.O. also awarded certificate to the opposite parties company for the supply of good quality of Banana Saplings, this clearly shows that the opposite parties never used to supply inferior of Banana Saplings to the farmers as alleged by complainants. The opposite parties counsel also argued that except this complaint no complaint was made for the past 7 years i.e., the good reputation of the opposite parties company. The opposite parties counsel also argued that the affidavit filed by the complainants does not support his case for the reason PW2 & PW3 are not purchased Banana Saplings from this opposite parties and they have not filed any supporting document to show that they have purchased Banana Saplings from this opposite parties. The opposite parties counsel argued that due to vexatious litigation of the complainants the company sustained a bad reputation and the complainants are liable to pay a sum of Rs.10,00,000/- towards damages for false allegations. The opposite parties also argued that the damage was caused to the Banana Saplings due to not taking proper care while and after plantation by the farmers. Due to heavy rise in temperature and watering has been taken in hot sun due to adequate knowledge in cultivation of Banana is caused damage to the plants. The opposite parties counsel argued the complainants have no basis to make such wild and false allegations without knowingly true facts and all allegations are baseless due to it the opposite parties are suffered a lot of mental agony and the complainants are liable to pay compensation of Rs.10,00,000/-,hence the opposite parties are prayed to dismiss the complaint with costs.
11. On perusal of the documents and affidavits of both parties, there is no dispute with regard to purchase of Banana Saplings by the complainants from the 2nd opposite party, who is the dealer of 1st opposite party and also no dispute about the quantum and amount paid by the complainant. There is also no dispute with regard to planting of Banana Sapling in the fields of the complainants. The dispute only with regard to supply of Banana Saplings by the opposite parties are inferior quality and whether the complainants failed to fallow management procedure. To prove their respective cases both parties marked Ex.A1 to A7 and B1 to B7.
12. As per Ex.A1 both the complainants purchased Banana Saplings on 08.04.2013 from the 2nd opposite party. Under Ex.B2 the complainants planted the Saplings in their field, as per the report of the opposite parties that the complainants stated 50% of Saplings were not grown proper with other Saplings and immediately he informed to the 2nd opposite party about the uneven growth. Though the complainants mentioned in complaint that he made representation to the opposite parties he has not filed any document and the same was filed by the opposite parties under Ex.B1 dt.23.05.2013. So many times it happens though the complaints made in written to other side we used to forgotten keep another copy of it. The same happened in the present case Under Ex.B1 dt.23.05.2013 the complainant requested to the 1st opposite party due to supply of inferior quality of saplings of the plants were not grown properly. For this complaint the opposite parties filed Ex.B2 dt.24.05.2013 saying that Ex.B2 is report of the opposite parties officials who visited the field of the complainants. When we go through Ex.B2 it was mentioned that field visited on 24.05.2013. We are surprised by knowing the date of filed visit because the complainants made representation to 1st opposite party on 23.05.2013 who is address at Secunderabad the representation should reach to the 1st opposite party at least one day after posting it. How can it possible to the 1st opposite party to send the same to 2nd opposite party who is branch office situated at Anantapur on the same day or next day to visit the field of complainants.
13. The persons who visited the field of complainants not even tried to obtain signature of complainants nor tried to take any photographs to show that the complainant failed to follow the management procedure nor mentioned that water source is not sufficient. In the report in clause No. D & E and it has mentioned that some plants were damaged due to hot sun and heavy rise of temperature. The report does not support the case of opposite parties because the persons who alleged to have visited the field of complainants has not taken the assistance of Horticulture Officer who is expert in that field nor stated that the persons are qualified to come to conclusion that failure is due to adequate knowledge of complainants in Banana cultivation. Unless the Horticulture Officer, complainants presence the report of opposite parties is not taken into consideration.
14. The complainants stated that when the opposite parties not responded proper he got issued legal notice on 27.05.2013 under Ex.A3. But there was no reply though the legal notice served on opposite parties under Ex.A4. The complainants stated along with the other farmers also suffered loss due to supply of inferior quality of plants by the opposite parties. They made representation to collector of Anantapur on 03.06.2013 under Ex.A5. The complaint of complainants were forwarded to Horticulture Officer the Horticulture Officer call for the explanation from opposite parties under Ex.B3. The 2nd opposite party gave explanation to Horticulture Officer under Ex.B4. Where in it was mentioned the damaged was caused due to hot sun or failure of the complainant in following the management procedure. The opposite parties mentioned they have got issued reply notice to the legal notice of complainants, but the same was not filed before the Forum nor the same was mentioned in their counter, the reasons are best known by the opposite parties.
15. The counsel for opposite parties argued that except the complainant s none were complaint about the differences in saplings and the staff of opposite parties has taken the opinion of the farmers of same village and they expressed their satisfaction in written Ex.B6 and B7. When we have gone through the Ex.B6 & B7 the persons was not belongs to the complainant village and date of visit was 22.04.2013, whereas the complainant made complaint on 23.05.2013 these documents are also not support the case of the opposite parties.
16. The complainant tried his level best to show that the Banana Saplings supplied by the opposite parties are inferior quality by filing I.A.No.232/2013 requesting Forum to direct the Horticulture Officer to visit the field of complainants. Though notice was received by the officer not visited the field of the complainant due to some official in convince hence the same I.A. was closed. On the other hand the complainant field evidence on affidavit of PW2 and PW3 the persons who purchased the banana Saplings from the opposite parties and suffered loss due to inferior quality. These affidavits were not taken into consideration because they have not supported any document to show that they have purchased the Banana Saplings from the opposite parties. Though the persons made complaint to collector along with complainant.
17. The counsel for complainants argued when the complainants noticed that the some of the Banana Saplings were not developed properly. Immediately he requested the 2nd opposite party to visit his field over phone but the opposite parties not visited his field. The complainant got issued legal notice requesting to replacement of Banana Saplings which were damaged. But there was no reply from the opposite parties he forced to file the present complaint for compensation.
18. The opposite parties counsel argued that immediately the opposite parties responded for the representation of complainant and they offer to give 1000 plants to compensate the loss of the complainant but the complainants are field the present complaint to gain unlawfully though the fault on the part of the complainant and the opposite parties company has got good reputation throughout India, and the opposite parties used supply good quality of Banana Saplings for the last 7 years for the same the opposite parties company has got an award from I.S.O. under Ex.B5.
19. We are of the general considered opinion that no person will dare to file complaint, though the negligence on their part. But the complainant convinced this Forum that they are not negligent in following the management procedure in development of Banana Saplings. Assume for a movement the complainants are not followed the management procedure and field the present complaint. They can choose make representation for total loss either to the opposite parties collector or to this Forum. But the complainant honestly claimed 50% of loss. When the opposite parties are doing crores of business. They might have consider the complaint of complainant if they are to safeguard the farmers like complainants. But the opposite parties are not done so. If the opposite parties supplied the 50% of Banana plants when the complainant made representation the complainant may get good profit and they never step into file the present complaint. Though the Saplings supplied by the opposite parties are defective one and there is deficiency of service on the part of the opposite parties. The complainant proved their case beyond reasonable doubt and entitled to claim for compensation. Hence this point answered accordingly infavour of complainant and against the opposite parties.
20. In the result, the complaint is allowed and the complainants are entitled Rs.31,500/- towards Banana Saplings amount and an amount of Rs.25,000/- towards loss of crop and Rs.5000/- towards mental agony. The amount shall be payable by the opposite parties 1& 2 jointly and severally within one month from the date of this order. Otherwise the complainants are entitled interest @ 9% P.A. on all the amounts from the date of complaint till the date of realization.
Dictated to the Steno, transcribed by him, corrected and pronounced by us in open Forum, this the 26th day of June, 2014.
Sd/- Sd/-
LADY MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT:
NIL
ON BEHALF OF THE OPPOISITE PARTIES
-NIL-
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANTS
Ex.A1 Photo copy of challan dt.08.04.2013 for Rs.18,200/- issued by the 2nd opposite
Party.
Ex.A2 Order Form (2) dt.20.02.2013.
Ex.A3 Office copy of legal notice dt.27.05.2013 got issued by the complainant to the
opposite parties 1& 2
Ex.A4 Served postal acknowledgements signed by the opposite parties 1 & 2.
Ex.A5 Photo copy of Representation Dt.03.06.2013 by the complainant to District
Collector.
Ex.A6 Acknowledgement of the complaint dt.03.06.2013.
ExA7 Photos of the plants 3 in number.
EXHIBITS MARKED ON BEHALF OF THE 1st OPPOSITE PARTY
Ex.B1 Photo copy of representation by the 1st complainant to 1st opposite party
on 23.05.2013.
Ex.B2 Photo copy of field visit report of opposite parties dt.24.05.2013.
Ex.B3 Photo copy of notice issued by Horticulture Officer to opposite parties
dt.11.06.2013.
Ex.B4 Photo copy of reply letter to Horticulture Officer by 1st opposite party
dt.02.07.2013.
ExB5 Copy of award of quality given to opposite parties by ISO Dt.03.12.2010.
Ex.B6 Original field visit feedback from signed by the farmer.
Ex.B7 Original field visit feedback form singed by the farmer.
Sd/- Sd/-
LADY MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR
