Complainant/s:            1. Nagappa S/o Bheemshenappa Dharamar, Age:55 Years,

                                     Occ: Agriculture and employee, R/o Itagi, Taluk: Ron, District: Gadag.

                                             2. Paramma @ Parvathidevi W/o Nagappa Dharamar, Age:45 Years,

                                             Occ: Agriculture R/o Itagi, Taluk: Ron, District: Gadag.

                                             3. Bheemavva W/o Nagappa Daramar, Age:40 Years, Occ: Agriculture,

                                             R/o Itagi, Taluk: Ron, District: Gadag.

                                            (Rep. by Sri.C.V. Hiremath, Advocate)   

V/s

JUDGEMENT DELIVERED BY SRI.RAJU. N. METRI, MEMBER

                The complainants filed the complaint U/Sec.35 of the C.P. Act, 2019 for compensation of Rs.1,00,000/- per acre with interest @ 18% p.a, Rs.10,000/- for mental agony with cost.

             2.    The brief facts of the complaint are as under:

       Complainant No.1 is the husband of complainant No.2 and 3 respectively and they are living together.  Complainants have stated that, the OPs have given pamphlets and if this lotion is used to crops, then the crops are going to yield weight per acre 8 quintals.  Complainants purchased Kriboto (2) 50 liters pic price of Rs.65,000/- and also purchased Kipoos-9 on various dates.  OPs promised that, the cost of Ashwagandha yield will be Rs.40,000/- per acre and promised to sell the crops to them.  Complainants have grown the yield 2 quintals per acre only and have a loss of 6 quintals per acre.  While the complainants enquired as they have suffered loss of Rs.1,00,000/- per acre, OPs did not heed to their request.  Finally notice was issued to the OPs, it was served to OP No.1 and 2 which was returned with an endorsement as no such addressee.  OPs committed negligence and deficiency of service due to false promise given by them.  Hence, filed this complaint.

         3.   In pursuance of issuance of notice, OP No.1 has not claimed and refused to receive the same and notice was served to OP No.2 but, OPs have not chosen to appear and file the written versions, adduce evidence and produce the documents to disprove the claim of the complainants. 

          4.  To prove the case, each complainant filed their affidavits separately and examined as CW-1 to CW-3 and got marked the documents as Ex.C-1 to C-29. 

              5.   Heard the arguments of complainants and taken as no arguments of OPs as they remained absent. 

              6.  The points for consideration to us are as under:

1. Whether the complainants prove that, OPs  

have committed deficiency of service?

2. Whether the complainants are entitled to any  
3.  

3. What Order?

         7.   Our findings on the above points are as under:

               Point No. 1:  Affirmative.

               Point No. 2:  Affirmative

               Point No. 3:  As per the final Order

          REASONS

              8.   Point No.1 & 2:- The points are taken together to avoid the repetition of facts. The learned counsel for the complainants argued that, as per the affidavit of PW-1 to 3 and documents Ex.C-1 to Ex.C-29, the complainants proved their case and are entitled the relief.   

              9.   On perusal of the materials placed before us, all the three complainants have filed their affidavit evidence in-lieu of their chief examination and they have reiterated the contents of the complaint in their affidavits.  CW-1 to CW-3 have stated in their affidavits that, complainant No.1 is a husband of complainant No.2 and 3 respectively and they are living together.  OPs have given pamphlets stating that, if this lotion is used to the crops, then the crops are going to yield the  highest yield per acre 8 quintals.  Complainants purchased Kriboto (2) 50 liters pic price of Rs.65,000/- , Kopoos-9 and also purchased Deempal with MRP price on various dates.  OPs promised that, the cost of Ashwagandha yield will be Rs.40,000/- per acre and yield per acre will be 8 quintals promised to sell the crops to them.  Complainants have grown the yield 2 quintals per acre only and at a loss of 6 quintals per acre.  While the complainants enquired as they have suffered loss of Rs.1,00,000/- per acre, OPs did not heed to their request.  

             10.  Ex.P-1 legal notice issued to OPs, Ex.P-2 and 3 are the postal receipts to show that, notices were issued through RPAD.  The said notices were returned with an endorsement as no such addressee.  The said wo postal envelops are produced by the complainants which are available in the record.  Ex.P-4 issued by Postal Department reveals that, the article has been delivered on 29.02.2022.  Ex.P-5 acknowledgement revealed with remarks as no such addressee.  Later notice was served to OP No.2 and duly received as per postal acknowledgement.  Notice issued to OP No.1 is returned with a remark as not claimed. 

   11.  Ex.P-10 RTC and EX.P-9 endorsement reveal that, complainant No.1 is the owner of land bearing Sy.No.430/5A measuring 5-00 acres which shows that, he has grown the Ashwagandha crop in 5-00 Acres.  Ex.P-11 endorsement reveals that, complainant No.1 Nagappa is having the land bearing Sy.No.430/5A, 275/1+2, 275/1+2.  Ex.P-18 and P-26 are the RTCs and Ex.P-16 endorsement reveal that, mother of the complainant No.1 Smt. Fakkiramma is the owner of land bearing Sy.No.332/4 and grown the Ashwagandha crop, but she not a party in this case.  Ex.P-8, P-12, P-14 and P-20 are standing in the name of other farmers.  Complainants stated that, the said owners agreed to sell the lands and executed an agreement of sale and also some farmers leased their lands.  The Xerox copy of the agreement of sale, lease deed are produced but, they are not marked as they are not the originals.  The Xerox copy of the endorsement issued by Village Accountant shows that, in Sy.No.302/1+2/1 measuring 11-Acres 29-Guntas Ashwagandha crop plants were grown, it is also not marked as it is the Xerox copy. 

  12.   So, complainants have not produced any original documents to show that, the above said farmers agreed to sell their lands or executed the lease deed.  Hence, complainants have failed to prove that, they have grown Ashwagandha crop in the said lands. 

  13.   Ex.P-6 pamphlet reveals the name of OP No.1 Ajaykumar.  It  reveals that, Ashwagandha crop is one of the item for production of lehyao.  It is no way connected to the case of the complainants.  So, OPNo.1 is no way concerned to this case and not liable to pay the compensation. 

  14.   Ex.P-7 reveals that, complainants purchased Kribotu(2) 50 liters, complainant mentioned cost of Rs.65,000/- but, it reveals that, net weight of 1liter MRP is Rs.1,380 X 50 =69,000/-,  Kipoos-9 24 liters for Rs.36,700/-, Kipoos-9, 24 liters for Rs.36,700/-, Kipoos-9, 24 liters for Rs.36,700/- and Deempal 350 gm for Rs.675 so, for 60 Pic X 675 = 40,500/-.  The said receipt is issued in favour of first complainant Nagappa, there is a signature on Ex.P-7.  So, Ex.P-7 reveals that, complainants purchased Kribotu and other pesticides on different occasions and utilized for growing Ashwagandha crop.  So, Ex.P-7 clearly goes to show that, complainants have spent in all Rs.2,19,600/-.  Complainants have contended in complaint and affidavit that, OPs have committed negligence and deficiency of services as they have given the bill without mentioning the GST and TIN number, which is false.  So, the OPs are practicing the unfair trade practice as the farmers are illiterates.  So, the complainants have proved that, they are consumers of OPs and the cause of action has arisen as OPs did not heed to the request of complainants as promised by them and on service of notice they failed to appear and disprove the claim of the complainant by effectively contesting the matter.  Ex.P-29, the bill issued by Ashwagandha crop growing Association reveals that, 15 quintals of Ashwagandha roots grown by first complainant Nagappa were sold for a sum of Rs.3,00,000/-.  According to complainants, they have suffered loss due to deficit crop as promised by the OPs.  Complainants stated that, OPs assured the yield of Ashwagandha per acre will be up to 8 quintals per acre, but the actual yield is only 2 quintals per acre.  But, to substantiate their contention, there is no documents produced by the complainants.  

             15.  The oral and documentary evidence of complainants remains unchallenged as there is no rebuttable evidence produced by OPs to disprove the case of the complainants even though, notices was served to the OP No.2, he has not chosen to file written version and adduce oral and documentary evidence.  So, there are no reasons to disbelieve the oral and documentary evidence of complainants.  Complainants have proved that, there is a negligence and deficiency of service on the part of the OPs.  Hence, they are entitled for the amount spent towards purchase of pesticides.  Complainants claimed Rs.40,000/- per acre but, they have not produced any scrap of paper to show that, they have spent huge amount except Ex.P-7.  Complainants have not produced any documents to show that, how much amount was spent to grow Ashwagandha crop per acre.  Complainants simply stated that, they have spent huge amount and suffered loss of Rs.40,000/-.  Without producing reliable oral or documentary evidence therefore, they are not entitled for the compensation for a sum of Rs.40,000/- per acre.  However, they have produced Ex.P-7 to show that, they have spent amount towards purchase of pesticides and grown Ashwagandha crop.  Taking into consideration the oral and documentary evidence, complainants are entitled for the sum spent by them as per Ex.P-7 a sum of Rs.2,19,600/- and so also, they have suffered mental agony as they have spent huge amount for growing the said Ashwagandha.  Hence, the complainants are entitled a sum of Rs.10,000/- each for mental agony and Rs.5,000/- each towards cost.  Accordingly, we answer both the points in affirmative.

            16.   Point No.3:-In the result, we pass the following: 

           //O R D E R//

The complaint filed U/Sec.35 of the Consumer Protection Act, 2019 is hereby allowed against OP No.2 and complaint as against OP No.1 is dismissed.

The complainants are entitled for a sum of Rs.2,19,600/- with interest @ 8% p.a from the date of complaint till realization.

Further, the complainants are jointly entitled for a sum of Rs.30,000/- towards mental agony and Rs.15,000/- towards cost of the complaint.

OP No.2 is directed to pay the above amount within a period of 30 days.

Office is directed to send the copies of this order to the parties free of cost.

           (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us in the Open Court on this 31^st day of May-2022)

,            

(Shri Raju N. Metri)      (Shri. D.Y. Basapur)   (Smt.Yashoda Bhaskar. Patil)

        MEMBER                 PRESIDENT              WOMAN MEMBER

-: ANNEXURE :-

EVIDENCE ON BEHALF OF COMPLAINANT/S:

PW-1: Nagappa Bheemashenappa Dharmar.

PW-2: Paramma @ Parvathidevi Nagappa Dharmar

PW-3:Bheemavva Nagappa Dharmar.

DOCUMENTS ON BEHALF OF COMPLAINANT/S

Ex.C-1: Legal Notice

Ex.C-2 & 3:Postal receipts

Ex.C-4 & 5: Letters by Postal Authority

Ex.C-6: Pamphlet.

Ex.C-7: Receipt

Ex.C-8: RTC

Ex.C-9: Crop Certificate

Ex.C-10: RTC

Ex.C-11: Agriculturist Certificate

Ex.C-12: RTC

Ex.C-13: Crop Certificate

Ex.C-14: RTC

Ex.C-15 & 16: Crop Certificates

Ex.C-17:Lavani Patra

Ex.C-18: RTC

Ex.C-19: Crop Certificate

Ex.C-20: RTC

Ex.C-21: Crop Certificate

Ex.C-22: RTC

Ex.C-23:Agreement of Sale

Ex.C-24: Lease Deed

Ex.C-25 & 26: RTC

Ex.C-27: Lavani Patra

Ex.C-28: RTC

Ex.C-29: Bill issued by Ashwagandha Crop growing Association.

EVIDENCE ON BEHALF OF OPs:

                       -NIL-

DOCUMENTS ON BEHALF OF OPs:

                      -NIL-

(Shri Raju N. Metri)    (Shri. D.Y. Basapur)   (Smt.Yashoda Bhaskar. Patil)

        MEMBER                 PRESIDENT              WOMAN MEMBER

Complainant/s:            1. Nagappa S/o Bheemshenappa Dharamar, Age:55 Years,

                                     Occ: Agriculture and employee, R/o Itagi, Taluk: Ron, District: Gadag.

                                             2. Paramma @ Parvathidevi W/o Nagappa Dharamar, Age:45 Years,

                                             Occ: Agriculture R/o Itagi, Taluk: Ron, District: Gadag.

                                             3. Bheemavva W/o Nagappa Daramar, Age:40 Years, Occ: Agriculture,

                                             R/o Itagi, Taluk: Ron, District: Gadag.

                                            (Rep. by Sri.C.V. Hiremath, Advocate)   

V/s

JUDGEMENT DELIVERED BY SRI.RAJU. N. METRI, MEMBER

                The complainants filed the complaint U/Sec.35 of the C.P. Act, 2019 for compensation of Rs.1,00,000/- per acre with interest @ 18% p.a, Rs.10,000/- for mental agony with cost.

             2.    The brief facts of the complaint are as under:

       Complainant No.1 is the husband of complainant No.2 and 3 respectively and they are living together.  Complainants have stated that, the OPs have given pamphlets and if this lotion is used to crops, then the crops are going to yield weight per acre 8 quintals.  Complainants purchased Kriboto (2) 50 liters pic price of Rs.65,000/- and also purchased Kipoos-9 on various dates.  OPs promised that, the cost of Ashwagandha yield will be Rs.40,000/- per acre and promised to sell the crops to them.  Complainants have grown the yield 2 quintals per acre only and have a loss of 6 quintals per acre.  While the complainants enquired as they have suffered loss of Rs.1,00,000/- per acre, OPs did not heed to their request.  Finally notice was issued to the OPs, it was served to OP No.1 and 2 which was returned with an endorsement as no such addressee.  OPs committed negligence and deficiency of service due to false promise given by them.  Hence, filed this complaint.

         3.   In pursuance of issuance of notice, OP No.1 has not claimed and refused to receive the same and notice was served to OP No.2 but, OPs have not chosen to appear and file the written versions, adduce evidence and produce the documents to disprove the claim of the complainants. 

          4.  To prove the case, each complainant filed their affidavits separately and examined as CW-1 to CW-3 and got marked the documents as Ex.C-1 to C-29. 

              5.   Heard the arguments of complainants and taken as no arguments of OPs as they remained absent. 

              6.  The points for consideration to us are as under:

1. Whether the complainants prove that, OPs  

have committed deficiency of service?

2. Whether the complainants are entitled to any  
3.  

3. What Order?

         7.   Our findings on the above points are as under:

               Point No. 1:  Affirmative.

               Point No. 2:  Affirmative

               Point No. 3:  As per the final Order

          REASONS

              8.   Point No.1 & 2:- The points are taken together to avoid the repetition of facts. The learned counsel for the complainants argued that, as per the affidavit of PW-1 to 3 and documents Ex.C-1 to Ex.C-29, the complainants proved their case and are entitled the relief.   

              9.   On perusal of the materials placed before us, all the three complainants have filed their affidavit evidence in-lieu of their chief examination and they have reiterated the contents of the complaint in their affidavits.  CW-1 to CW-3 have stated in their affidavits that, complainant No.1 is a husband of complainant No.2 and 3 respectively and they are living together.  OPs have given pamphlets stating that, if this lotion is used to the crops, then the crops are going to yield the  highest yield per acre 8 quintals.  Complainants purchased Kriboto (2) 50 liters pic price of Rs.65,000/- , Kopoos-9 and also purchased Deempal with MRP price on various dates.  OPs promised that, the cost of Ashwagandha yield will be Rs.40,000/- per acre and yield per acre will be 8 quintals promised to sell the crops to them.  Complainants have grown the yield 2 quintals per acre only and at a loss of 6 quintals per acre.  While the complainants enquired as they have suffered loss of Rs.1,00,000/- per acre, OPs did not heed to their request.  

             10.  Ex.P-1 legal notice issued to OPs, Ex.P-2 and 3 are the postal receipts to show that, notices were issued through RPAD.  The said notices were returned with an endorsement as no such addressee.  The said wo postal envelops are produced by the complainants which are available in the record.  Ex.P-4 issued by Postal Department reveals that, the article has been delivered on 29.02.2022.  Ex.P-5 acknowledgement revealed with remarks as no such addressee.  Later notice was served to OP No.2 and duly received as per postal acknowledgement.  Notice issued to OP No.1 is returned with a remark as not claimed. 

   11.  Ex.P-10 RTC and EX.P-9 endorsement reveal that, complainant No.1 is the owner of land bearing Sy.No.430/5A measuring 5-00 acres which shows that, he has grown the Ashwagandha crop in 5-00 Acres.  Ex.P-11 endorsement reveals that, complainant No.1 Nagappa is having the land bearing Sy.No.430/5A, 275/1+2, 275/1+2.  Ex.P-18 and P-26 are the RTCs and Ex.P-16 endorsement reveal that, mother of the complainant No.1 Smt. Fakkiramma is the owner of land bearing Sy.No.332/4 and grown the Ashwagandha crop, but she not a party in this case.  Ex.P-8, P-12, P-14 and P-20 are standing in the name of other farmers.  Complainants stated that, the said owners agreed to sell the lands and executed an agreement of sale and also some farmers leased their lands.  The Xerox copy of the agreement of sale, lease deed are produced but, they are not marked as they are not the originals.  The Xerox copy of the endorsement issued by Village Accountant shows that, in Sy.No.302/1+2/1 measuring 11-Acres 29-Guntas Ashwagandha crop plants were grown, it is also not marked as it is the Xerox copy. 

  12.   So, complainants have not produced any original documents to show that, the above said farmers agreed to sell their lands or executed the lease deed.  Hence, complainants have failed to prove that, they have grown Ashwagandha crop in the said lands. 

  13.   Ex.P-6 pamphlet reveals the name of OP No.1 Ajaykumar.  It  reveals that, Ashwagandha crop is one of the item for production of lehyao.  It is no way connected to the case of the complainants.  So, OPNo.1 is no way concerned to this case and not liable to pay the compensation. 

  14.   Ex.P-7 reveals that, complainants purchased Kribotu(2) 50 liters, complainant mentioned cost of Rs.65,000/- but, it reveals that, net weight of 1liter MRP is Rs.1,380 X 50 =69,000/-,  Kipoos-9 24 liters for Rs.36,700/-, Kipoos-9, 24 liters for Rs.36,700/-, Kipoos-9, 24 liters for Rs.36,700/- and Deempal 350 gm for Rs.675 so, for 60 Pic X 675 = 40,500/-.  The said receipt is issued in favour of first complainant Nagappa, there is a signature on Ex.P-7.  So, Ex.P-7 reveals that, complainants purchased Kribotu and other pesticides on different occasions and utilized for growing Ashwagandha crop.  So, Ex.P-7 clearly goes to show that, complainants have spent in all Rs.2,19,600/-.  Complainants have contended in complaint and affidavit that, OPs have committed negligence and deficiency of services as they have given the bill without mentioning the GST and TIN number, which is false.  So, the OPs are practicing the unfair trade practice as the farmers are illiterates.  So, the complainants have proved that, they are consumers of OPs and the cause of action has arisen as OPs did not heed to the request of complainants as promised by them and on service of notice they failed to appear and disprove the claim of the complainant by effectively contesting the matter.  Ex.P-29, the bill issued by Ashwagandha crop growing Association reveals that, 15 quintals of Ashwagandha roots grown by first complainant Nagappa were sold for a sum of Rs.3,00,000/-.  According to complainants, they have suffered loss due to deficit crop as promised by the OPs.  Complainants stated that, OPs assured the yield of Ashwagandha per acre will be up to 8 quintals per acre, but the actual yield is only 2 quintals per acre.  But, to substantiate their contention, there is no documents produced by the complainants.  

             15.  The oral and documentary evidence of complainants remains unchallenged as there is no rebuttable evidence produced by OPs to disprove the case of the complainants even though, notices was served to the OP No.2, he has not chosen to file written version and adduce oral and documentary evidence.  So, there are no reasons to disbelieve the oral and documentary evidence of complainants.  Complainants have proved that, there is a negligence and deficiency of service on the part of the OPs.  Hence, they are entitled for the amount spent towards purchase of pesticides.  Complainants claimed Rs.40,000/- per acre but, they have not produced any scrap of paper to show that, they have spent huge amount except Ex.P-7.  Complainants have not produced any documents to show that, how much amount was spent to grow Ashwagandha crop per acre.  Complainants simply stated that, they have spent huge amount and suffered loss of Rs.40,000/-.  Without producing reliable oral or documentary evidence therefore, they are not entitled for the compensation for a sum of Rs.40,000/- per acre.  However, they have produced Ex.P-7 to show that, they have spent amount towards purchase of pesticides and grown Ashwagandha crop.  Taking into consideration the oral and documentary evidence, complainants are entitled for the sum spent by them as per Ex.P-7 a sum of Rs.2,19,600/- and so also, they have suffered mental agony as they have spent huge amount for growing the said Ashwagandha.  Hence, the complainants are entitled a sum of Rs.10,000/- each for mental agony and Rs.5,000/- each towards cost.  Accordingly, we answer both the points in affirmative.

            16.   Point No.3:-In the result, we pass the following: 

           //O R D E R//

The complaint filed U/Sec.35 of the Consumer Protection Act, 2019 is hereby allowed against OP No.2 and complaint as against OP No.1 is dismissed.

The complainants are entitled for a sum of Rs.2,19,600/- with interest @ 8% p.a from the date of complaint till realization.

Further, the complainants are jointly entitled for a sum of Rs.30,000/- towards mental agony and Rs.15,000/- towards cost of the complaint.

OP No.2 is directed to pay the above amount within a period of 30 days.

Office is directed to send the copies of this order to the parties free of cost.

           (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us in the Open Court on this 31^st day of May-2022)

,            

(Shri Raju N. Metri)      (Shri. D.Y. Basapur)   (Smt.Yashoda Bhaskar. Patil)

        MEMBER                 PRESIDENT              WOMAN MEMBER

-: ANNEXURE :-

EVIDENCE ON BEHALF OF COMPLAINANT/S:

PW-1: Nagappa Bheemashenappa Dharmar.

PW-2: Paramma @ Parvathidevi Nagappa Dharmar

PW-3:Bheemavva Nagappa Dharmar.

DOCUMENTS ON BEHALF OF COMPLAINANT/S

Ex.C-1: Legal Notice

Ex.C-2 & 3:Postal receipts

Ex.C-4 & 5: Letters by Postal Authority

Ex.C-6: Pamphlet.

Ex.C-7: Receipt

Ex.C-8: RTC

Ex.C-9: Crop Certificate

Ex.C-10: RTC

Ex.C-11: Agriculturist Certificate

Ex.C-12: RTC

Ex.C-13: Crop Certificate

Ex.C-14: RTC

Ex.C-15 & 16: Crop Certificates

Ex.C-17:Lavani Patra

Ex.C-18: RTC

Ex.C-19: Crop Certificate

Ex.C-20: RTC

Ex.C-21: Crop Certificate

Ex.C-22: RTC

Ex.C-23:Agreement of Sale

Ex.C-24: Lease Deed

Ex.C-25 & 26: RTC

Ex.C-27: Lavani Patra

Ex.C-28: RTC

Ex.C-29: Bill issued by Ashwagandha Crop growing Association.

EVIDENCE ON BEHALF OF OPs:

                       -NIL-

DOCUMENTS ON BEHALF OF OPs:

                      -NIL-

(Shri Raju N. Metri)    (Shri. D.Y. Basapur)   (Smt.Yashoda Bhaskar. Patil)

        MEMBER                 PRESIDENT              WOMAN MEMBER