CONSUMER DISPUTES REDRESSAL FORUM

PALAKKAD, KERALA

Dated this the 30^th day of July, 2012.

Present: Smt. Seena. H, President

: Smt. Preetha. G. Nair, Member

: Smt. Bhanumathi. A.K, Member Date of filing: 04/04/2012

CC / 62/2012

P.T.Parameswaran Nair,

S/o.Ravunni Nambiar,

Parakkuth Thekkutt Veedu,

Nellikkatiri P.O, Koottanadu Via-679 533 - Complainant

(By Adv.P.C.Sivadas)

Vs

Associate Director,

Kerala Agriculture University,

Regional Agricultural Research Centre,

Mele Pattambi-679 306, - Opposite party

(By Adv.V.Rajesh)

O R D E R

BY SMT. SEENA.H, PRESIDENT

Complaint in brief:-

Complainant is a farmer with 40 years experience in the field. Complainant purchased 30 kg of high yielding Mangala Massoori seed from the opposite party @ Rs.25/- per kg. The grievance of the complainant is that at the time of harvest about 50% of the paddy was in maturity condition whereas other 50% was in flowering stage. There was a delay of 3 weeks for the balance 50% to ripe. Petitioner approached the opposite party to complaint regarding the same and staffs of opposite party visited the site. They were convinced of the fact that there was 20-30% loss to the complainant. They also adviced the complainant to approach the concerned Krishibhavan for seeking relief and also assured help from them. Subsequently opposite party sent a letter stating the loss was not due to any defect in the seed rather may be due to other factors like climatic conditions, improper manure application etc. Complainant preferred a complaint to the Nagalasseri Krishi Bhavan who inturn sought explanation regarding the way of farming etc, which was provided by the complainant. Due to the defect in the seeds complainant could not get the expected yield. Hence the complaint. Complainant claims Rs.10,000/- for the loss suffered and Rs.10,000/- for compensation for mental agony.

Opposite party admits purchase of 30kg of Mangala Massoori seed by the complainant. Complaint was given by the complainant on 29/11/2011 complaining admixture of seeds. On next day itself three member committee visited the field and investigated the case. The committee observed that about 85-90% of tillers were in the maturity stage whereas about 10-15% of tillers are in the flowering stage. It is stated by the opposite party that on close examination it could be made out that the 10-15% tillers in the flowering stage also showed the same characteristics of Mangala Massoori seed. Mangala Massoori according to opposite party is a long duration variety of 140-145 days duration and gives good response to low fertilizer regime also. The farmer herein has applied high dose of fertilizers ie 50kg factumfos twice and 50kg potash twice. This high dose of fertilizer application also might have led to non synchronous flowering in the fields. High dose of Nitrogen (in the case of factumfos) at the late growth stage results in non synchronous titler production. So non synchronous flowering was not due any admixture, but due to climate variation and high fertilizer application. Hence complainant is not entitled for any relief.

The evidence adduced by the parties consist of their respective affidavits. Ext.A1 and A2, Ext.B1 and B2 and the oral testimony of PW1.

Issues for considerations:

1. Whether the seeds sold by the opposite party is a defective one?

2. If so, what is the reliefs and cost complainant is entitled to?

Issue No.1

The specific grievance of the complainant is that due to the poor quality of seeds supplied by the opposite party, complainant suffered loss as at the time of harvest about 50% of the paddy was in maturity condition and other 50% was in flowering stage. Opposite party though not admitting poor quality of seeds, admits the phenomenon stated by the complainant and the fact that complainant suffered loss. In Ext.A2, the letter dt.6/12/2011 addressed by the opposite party to the complainant it is stated that Xm¦fpsS s\ÂIr-jn¡v km¼-¯n-I-\jvSw kw`-hn-¨n-«pWv F¶ hkvXpX hmkvXhw Xs¶-bm-Wv.  Dt±iw 70% IXncp hnf-ªp- h-cp¶ Ah-Ø-bnepw 30% IXncp  ]mI-am-Im¯ Ah-Ø-bn-ep-am-Wv.  Npcp¡¯n 20 apX 30 iX-am-\-t¯mfw km¼-¯n-I-\jvSw D­Wm-Im-hp-¶-Xm-Wv.  Coming to the version of opposite party, this ratio has been considerably reduced stating 85-90% were in maturity stage and 10 to 15% were in flowering stage. It is also further stated in Ext.A2 that GI-tZiw 20 apX 30% km¼-¯n-I-\jvSw D­Wm-Im-hp-¶-Xm-Wv. Even though loss is admitted by opposite party, according to them it is not due to any admixture, but due to other factors like climatic condition, irrigation, application of manure etc. Though stated in a vague manner that the reason for loss may be due to other factors, opposite party failed to produce any cogent and convincing evidence to prove the same. Complainant while examination has stated that Rm³ 40 hÀj-ambn Irjn sN¿m-dpW-­v.  akqcn F¶ hn¯v Rm³ ap¼v Irjn sNbvXn-«pW.v Rm³ \mS³ hn¯v am{X-aà ap¼v Irjn sNbvXn-«p-Å-Xv. hf-¯n\v £ma-am-b-Xp sIm­Wv A{]m-h-iyw Rm³ hfw Ipdt¨ D]-tbm-Kn-¨n-«pÅq. So complainant is a man with 40 years experience in the relevant field. He was not using high yielding varieties for the first time. It is true that complainant has not taken any steps to examine the Agricultural Officer who has inspected his field and stated that the phenomenon is due to the poor quality of seeds, but opposite party being a contesting party can also very well take steps to examine the said witness, when it is their allegation that loss is not due to poor quality of seeds but due to other reasons.

Hence we find that the case of the complainant is a more probable one. There is no evidence before the forum to assess what is the actual loss suffered by the complainant. Hence we quantity compensation to Rs.8,000/- which we feel will meet the ends of justice.

In the result complaint allowed. Opposite party is directed to pay complainant an amount of Rs.8,000/- (Rupees Eight thousand only) as compensation for supply defective seeds and Rs.1000/- (Rupees One thousand only) as cost of the proceedings.

Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.

Pronounced in the open court on this the 30^th day of July, 2012

Sd/-

Smt. Seena. H

President

Sd/-

Smt. Preetha.G.Nair

Member

Sd/-

Smt. Bhanumathi.A.K

Member

A P P E N D I X

Exhibits marked on the side of complainant

Ext. A1– Duplicate Receipt of Kerala Agricultural University dt.18.7.2011.

Ext.A2 – Letter dt.06/12/2011 to complainant(True copy).

Exhibits marked on the side of opposite party

Ext. B1- True copy of Paddy Seed Stock Register.

Ext. B2- Acknowledgment for receipt of money True copy relevant pages 24 nos.

Witness examined on the side of complainant

PW1- P.T.Parameswaran Nair

Witness examined on the side of opposite party

Nil

Cost allowed

Rs.1000/- (Rupees One thousand only) allowed as cost of the proceedings.